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HomeMy WebLinkAbout11/13/2006 Council PacketAGENDA ECONOMIC DEVELOPMENT AUTHORITY MONDAY NOVEMBER 13, 2006 6:15 P.M. 1. Call to Order and Roll Call Present: Stoltz, Bergeson, Reinert, Carlson Absent: O'Donnell 2. Consideration of Minutes of January 23, 2006 Motion by Reinert, seconded by Carlson, to approve the minutes was adopted by a unanimous voice vote. 3. Resolution No. 06 -02, First Amendment to Lease - Purchase Agreement between Lino Lakes EDA and the City of Lino Lakes Motion by Reinert, seconded by Bergeson, to approve Resolution No. 06 -02 was adopted by a unanimous voice vote. 4. Resolution No. 06 -03, Approving Assignment and Release of Certain Obligations under the Contract for Private Development between the Lino Lakes Economic Development Authority, the City of Lino Lakes, and Hartford Development, Inc. Motion by Reinert, seconded by Bergeson, to approve Resolution No. 06 -03 was adopted by a unanimous voice vote. 5. Adjourn The meeting was adjourned at 6:23 p.m. 1 DRAFT 2 3 CITY OF LINO LAKES 4 ECONOMIC DEVELOPMENT AUTHORITY 5 MINUTES 6 7 DATE : January 23, 2006 8 MEMBERS PRESENT : J. Bergeson, D. Carlson, J. O'Donnell, J. Reinert, 9 MEMBERS ABSENT : D. Stoltz 10 OTHERS PRESENT : Mary Divine, Gordon Heitke, and Julie Bartell 11 12 13 Meeting called to order by President Reinert at 6:03 p.m. 14 15 CONSIDERATION OF MINUTES OF NOVEMBER 14, 2005 16 17 EDA Member Bergeson moved to approve the November 14, 2005 minutes, as presented. EDA 18 Member Carlson seconded the motion. Motion passed unanimously. 19 20 CONSIDERATION OF ANNUAL APPOINTMENTS 21 22 Ms. Divine informed the Authority that it is required to make appointments each year at the first 23 meeting of the year. She outlined the appointments that were required. 24 25 EDA Member Carlson nominated EDA member O'Donnell for President. EDA member 26 O'Donnell noted he was already President Pro Tem of the City Council and would prefer another 27 member were appointed. Motion died for lack of a second. EDA President Reinert nominated 28 EDA Member Stoltz. EDA Member Bergeson seconded the nomination. Motion passed 29 unanimously. 30 31 EDA Member O'Donnell nominated EDA Member Carlson for Vice - President. EDA Member 32 Bergeson seconded the nomination. Motion passed unanimously. 33 34 EDA Member Reinert nominated EDA Member O'Donnell for Treasurer. EDA Member 35 Bergeson seconded the motion. Motion passed unanimously. 36 37 EDA Member O'Donnell moved to approve the other appointments as outlined by Ms. Divine in 38 the staff report. EDA Member Carlson seconded the motion. Motion passed unanimously. 39 40 RESOLUTION NO. 06-01 AMENDING THE EDA BY -LAWS 41 42 Ms. Divine outlined suggested amendments to the meeting requirements in the EDA by -laws. 43 Those changes included; 44 1. Holding an annual meeting on the fourth Monday in January of each year so that it 45 coincides with the same night as a City Council meeting. Annual appointments will be 46 made at this annual meeting. 47 2. Hold meetings throughout the year as needed, as has been accepted practice. 48 -2- • • EDA MINUTES November 14, 2005 DRAFT 49 EDA Member O'Donnell suggested deleting the word "Special" from Section 3.2 of the 50 amended by -laws. 51 52 EDA Member Carlson questioned whether the new City Council work sessions would conflict 53 with the annual meeting date. It was recommended by Mr. Heitke to move the annual meeting to 54 the first City Council meeting of the year. Ms. Divine noted that the City Council should select 55 its legal newspaper and depositories before the EDA makes those selections. Mr. Heitke 56 suggested holding the EDA meeting after the first City Council meeting of the year. 57 58 EDA Member Carlson moved to adopt the amended by -laws with the suggested changes 59 included. EDA Member O'Donnell seconded the motion. Motion carried unanimously. 60 61 ADJOURNMENT 62 63 There being no further business, EDA Member Carlson moved to adjourn. EDA Member 64 O'Donnell seconded the motion. Motion passed unanimously. 65 66 Meeting adjourned at 6:15 p.m. 67 OPTIONS I • • AGENDA ITEM 3 STAFF ORIGINATOR Al Rolek MEETING DATE November 13, 2006 TOPIC Resolution 06 -02, First Amendment to Lease - Purchase Agreement Between Lino Lakes EDA and the City of Lino Lakes Simple Majority VOTE REQUIRED '.BACKGROUND) The City's bond counsel has advised that we will need to amend the Lease - Purchase Agreement for the outstanding EDA bonds Series 1998A because the lease payments will be reduced to the amount needed to pay the small amount of bonds that will remain outstanding. The City Council has approved the amended agreement in its resolution awarding the sale of the G.O. CIP Refunding bonds 2006E. The EDA must also approve the amended agreement. Staff recommends the approval of Resolution 06 -02 amending the Lease - Purchase Agreement for the outstanding EDA bonds Series 1998A. 1. Approve Resolution 06 -02. 2. Refer to Staff for further review. 3. Deny Resolution 06 -02. RECOMMENDATION Option 1 A -3 -4- LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY • RESOLUTION NO. 06 -02 • • WHEREAS, the Lino Lakes Economic Development Authority ( "Authority ") issued its $5,350,000 Lino Lakes Economic Development Authority Lease Revenue Bonds, Series 1998A (City of Lino Lakes, Minnesota Lease Obligation), dated August 1, 1998 (the "Series 1998A Bonds "), the proceeds of which were used to finance the construction of a City administration building, police station and early childhood learning center (the "Facilities "); and WHEREAS, in connection with issuance of the Series 1998A Bonds, the Authority and City of Lino Lakes ( "City ") entered into a Lease - Purchase Agreement dated August 1, 1998 (the "Lease "), under which the City leased the Facilities from the Authority; and WHEREAS, the lease payments made by the City to the Authority are pledged to payment of the Series 1998A Bonds; and WHEREAS, by resolution approved October 23, 2006 (the "Refunding Bond Resolution ") the City has awarded sale of its $3,025,000 General Obligation Capital Improvement Plan Refunding Bonds, Series 2006E (the "Refunding Bonds ") to refund a portion of the outstanding principal amount of the Series 1998A Bonds; and WHEREAS, in connection with the partial refunding of the Series 1998A Bonds, the Authority and City have determined to amend the Lease in order to adjust the lease payments made by the City to reflect principal and interest payments remaining on the Series 1998A Bonds after partial redemption thereof. NOW THEREFORE, BE IT RESOLVED by the Economic Development Authority of the City of Lino Lakes as follows: 1. The President and Executive Director are authorized to execute the First Amendment to Lease - Purchase Agreement between the City and Authority (the "First Amendment ") in substantially the form on file with the City, subject to modifications approved by those officials, provided that execution of the document by those officials will be conclusive evidence of their approval. 2. Authority staff are authorized and directed to take any other actions necessary to carry out the intent of the First Amendment and otherwise facilitate partial redemption of the Series 1998A Bonds as described in the Refunding Bond Resolution. 299625v1 SJB LN140 -96 -5- DATED: November 13, 2006 ATTEST: Secretary 299625v1 SJB LN]40 -96 President -6- • • • FIRST AMENDMENT TO LEASE - PURCHASE AGREEMENT THIS FIRST AMENDMENT TO LEASE - PURCHASE AGREEMENT of November 1, 2006, by dated as DEVELOPMENT AUTHORITY and between the LINO LAKES subdivision of the State of Minnesota, lessor y (the and politic and LINO political LAKES, a home rule charter city ( Authority "), and the CITY OF Minnesota (the "City"), y and political subdivision of the State of y ), as lessee; WITNESSETH: WHEREAS, the City and Authority entered into a Lease Purchase A dated as of August 1, 1998 (the "Lease" , under which the Authority leased certain real property to the City used for a City administration buildin greement childhood learning center (the "Facilities "); and g, police station and early WHEREAS, in order to finance construction of the Facilities, the Authority $5,350,000 Lino Lakes Economic Development Authority Lease Revenu e Bonds, Series as the "Series 199 1998A (City of Lino Lakes, Minnesota Lease Obligation), referred to a y issued A Bonds;" and WHEREAS, the Series 1998A Bonds were issued pursuant to a Trust In between the Authority and U.S. Bank National Association (the "Trustee") (the "Indenture ") denture and were secured by an assignment of the Authority's dated interest in the Lease to the Trustee pursuant to an Assignment and Securi Authority and the Trustee dated August 1, 1998; and' Agreement between the WHEREAS, the City has proposed to issue its $3,025,000 General Ob Capital Improvement Plan Refunding Bonds, Series 2006E (the "Series 2 legation 006E in order to prepay a portion of the lease payments due under the Lease Bonds") portion of the outstanding principal amount of the Series 1998A Bonds; and and refund a WHEREAS, on December 1, 2006 (the "Redemption Date "), the Authority $3,345,000 in aggregate principal TetY will representing: (a) the 2013 through 2019 maturities of the Series 1998A Bonds, Bob) a portion of the Term Bonds maturing on February 1, 2011, such portion being and (b) a mandatory sinking fund installment due on February 1 2011 g equal to the the mandatory sinking fund installment due on February 1, 201(0? and 00) and $55,000 of WHEREAS, after the Redemption Date, the outstanding principal amount Series 1998A Bonds will be $865,000, representing the 2007 and 2008 ma of the u outstanding principal balance of the 2011 Term Bond (being the mandatory sinking tand the Y fund 299583v1 SJB LN140 -96 -7- • installment due on February 1, 2009 ($270,000) and $115,000 of the mandatory sinkin fund installment due on February 1, 2010); and g WHEREAS, in light of such partial refunding of the Series 1998A Bonds, the Authority and City have determined to amend the Lease as further provided herein; NOW, THEREFORE, in the joint and mutual exercise of their powers, and in consideration of the mutual covenants herein contained, the parties hereto recite and agree and follows: 1. As of the Redemption Date, the Authority acknowledges the City's partial prepayment of Lease Payments in the amount of $3,345,000 in accordance with Article VIII of the Lease, and waives any notice requirements set forth in Section 8.2 thereof in connection therewith. 2. The remaining Lease Payments under Section 4.2 are set forth in Exhibit A hereto, which supersedes in all respects the Lease Payments set forth in Exhibit B to the original Lease. 3. The Authority and City acknowledge that, after partial redemption of the Series 1998A Bonds on the Redemption Date, the Reserve Requirement will be $86,500, representing 10% of the outstanding principal amount of all series of Outstanding. Series • 1998A Bonds. 4. The Lease remains in full force and effect and is not modified except as expressly provided herein. • 299583v1 SJB LNI40 -96 2 -8- • • • IN WITNESS WHEREOF, the Authority has caused this First Amendment to Lease - Purchase Agreement to be executed in its name by its duly authorized officer the City has caused this First Amendment to Lease to be executed in name by its � any authorized officers, as of the date first above written. Y duly LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY By: Its: President By: Its: Executive Director STATE OF MINNESOTA ) COUNTY OF ANOKA ) SS. The foregoing instrument was acknowledged before me this 2006, by day of President and Executive Director, respectively, of the Lino Lakes Economic Development the Authority, a public body corporate and politic under the laws of behalf of the Authority. Minnesota, on behalf of the 299583v1 SJB LN140 -96 3' J - 9 - Notary Public • • CITY OF LINO LAKES, MINNESOTA By: Its: Mayor By: Its: City Administrator STATE OF MINNESOTA ) COUNTY OF ANOKA ) SS. The foregoing instrument was acknowledged before me this , 2006, by day of Mayor and City Administrator, respectively, of the City of Lino Lakes, a municipal e corporation, on behalf of the corporation. P 299583v1 SJB LN140 -96 4 - 1 0 - Notary Public • • • The undersigned, as Trustee under the Trust Indenture between the undersigned and the Lino Lakes Economic Development Authority ( "Authority ") dated as of August 1, 1998, hereby consents to the forgoing First Amendment to Lease - Purchase Agreement dated as of November 1, 2006. U.S. BANK NATIONAL ASSOCIATION as Trustee By Its STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this 2006, by day of Bank National Association, a national banking association, on behalf of the association. U.S. 299583v1 SJB LN140 -96 5 Notary Public • • • EXHIBIT A Schedule of Lease Payments $865,000 City of Lino Lakes Economic Development Authority, Minnesota Lease Revenue Bonds (Bonds remaining after 2006 Refunding), Series 1998A Debt Service Schedule Date Principal Coupon interest Total Pit 02/01/2007 230,000.00 4.700% 10,483.75 240.483,75 08/01/2007 15 562.50 15.562.50 02/01/2008 250.000.00 4.750% 15,562,50 265,582.50 08/01/2008 9,625.00 9,625.00 02/012009 270,000.00 5.000 h 9,625.00 279.625.00 08101/2009 - 2,875.00 2.875.00 02/01/2010 115 000.00 5.0001 2,875.00 117,875.00 Total 58555.000.00 565,608.75 5931,608.75 299583v1 SIB LN140 -96 A -1 - 1 2 - • • • AGENDA ITEM 4 STAFF ORIGINATOR: Mary Alice Divine DATE: 11/13/06 TOPIC: Resolution No. 06 -03, Approving the Assignment and Release of Certain Obligations under the Contract for Private Development with Hartford Development, Inc. Vote Required: Simple Majority BACKGROUND: The Economic Development Authority entered into a Contract for Private Development with the Hartford Group on December 20, 2004, (amended on September 13, 2005) setting forth the terms and conditions of redevelopment for Legacy at Woods Edge. The Contract acknowledges that Hartford Group plans to sell certain portions of the development property to subdevelopers, and requires that any proposed subdeveloper assume all the obligations of the developer for the portion of the property being transferred. The subdeveloper must agree to be subject to all the conditions and restrictions of the Contract, including the construction of minimum improvements on the site. This EDA action releases the Hartford Group from the conditions that will be assumed by the subdeveloper (Avalon Homes) for Phase I of the townhome site. This release will be delivered upon approval of the site development agreement with Avalon Homes, Inc. OPTIONS: 1. Approve Resolution No. 06 -03 Approving the Assignment and Release of Certain Obligations for Avalon Homes under the contract with Hartford Group. 2. Do not approve Resolution No. 06 -03 3. Return to staff for further consideration. RECOMMENDATION: Option 1 • • LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 06 -03 RESOLUTION APPROVING ASSIGNMENT AND RELEASE OF CERTAIN OBLIGATIONS UNDER CONTRACT FOR PRIVATE DEVELOPMENT BETWEEN THE LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF LINO LAKES AND HARTFORD DEVELOPMENT, INC. BE IT RESOLVED By the Board of Commissioners ( "Board ") of the Lino Lakes Economic Development Authority ( "Authority ") as follows: Section 1. Recitals. 1.01. The Authority currently administers Development District No. 1 (the "Project)" pursuant to Minnesota Statutes, Sections 469.124 to 469.134 ( "Development District Act "). 1.02. The Authority, the City of Lino Lakes ( "City ") and Hartford Development, Inc. (the "Developer ") entered into a into a Contract for Private Development dated December 20, 2004, as amended by a First Amendment thereto dated September 13, 2005 (the "Contract "), setting forth the terms and conditions of redevelopment of certain property within the Project, referred to generally as the Legacy at Woods Edge Project. 1.03. The Developer and Legacy Holdings -LL, LLC (the "Development Property Owner ") have determined need to assign certain obligations under the Contract to Avalon Homes, Inc. (the "Successor Developer "). 1.04. The Authority has reviewed an Approval of Assignment and Release of Obligations under Contract for Private Development, Avalon Homes, Inc., between the Authority, the City, the Developer and the Successor Developer (the "Assignment "), and finds that the execution thereof is in the best interest of the City and its residents. Section 2. Authority Approval; Further Proceedings. 2.01. The Assignment as presented to the Board is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authority the Assignment and any documents referenced therein requiring execution by the Authority, and to carry out, on behalf of the Authority its obligations thereunder. SJB- 267750v1 LN 140 -80 -14- • Approved by the Board of Commissioners of the Lino Lakes Economic Development Authority this 13t1i of November, 2006. ATTEST: Secretary SJB- 267750v1 LN 140 -80 2 - 1 5 - President • I. Recital. 1.1 APPROVAL OF ASSIGNMENT AND RELEASE OF OBLIGATIONS UNDER CONTRACT FOR PRIVATE DEVELOPMENT AVALON HOMES, INC. The Effective Date of this Agreement is , 2006. 1.2 The Parties to this Agreement are the LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of Minnesota (the "Authority "), the CITY OF LINO LAKES, a Minnesota municipal corporation (the "City ") and HARTFORD DEVELOPMENT, INC., a Minnesota corporation (the "Master Developer ") and AVALON HOMES, INC., a Minnesota corporation ( "Successor Developer "). 1.3 The Authority, City and Master Developer are parties to a Contract for Private Development dated December 20, 2004, recorded December 29, 2004, as Document No. 1971748.006, in the Office of the Anoka County Recorder, as amended by a First Amendment thereto dated September 13, 2005 (the "Contract "). 1.4 Various real estate parcels are subject to the Contract and Successor Developer has entered into an agreement with Legacy Holdings -LL, LLC, an affiliate of Master Developer, to purchase certain of the parcels subject to the Contract for the purpose of developing townhomes (the "Townhome Development "). Such parcel is legally described as: Lots 1 -22, Block 1 and Outlot B, Legacy Townhomes at Woods Edge, Anoka County, Minnesota (the "Subject Parcels ") 1.5 In connection with the sale of the Subject Parcel, Master Developer has requested approval of an assignment of and a release from the terms and conditions of the Contract as to the Subject Parcel pursuant to Article VIII of the Contract. 1.6 Master Developer desires to assign, and Successor Developer desires to assume • Master Developer's rights and obligations under the Contract with respect to the transferred Parcel. 1 -16- • • • 1.7 City has approved the Subject Parcel for use consistent with the proposed Townhome Development. On that basis, City and Authority are willing to approve an assignment of the Contract to Successor Developer and release Master Developer from the terms and conditions of the Contract subject to the terms and conditions of this assignment. THEREFORE, IT IS AGREED AS FOLLOWS: II. Agreement. 2.1 Master Developer hereby assigns, and Successor Developer hereby expressly assumes all of the rights and obligations of Master Developer under the Contract with respect to construction of townhomes on the Subject Parcel with a minimum market value of $4,330,200 (the " Townhome Improvements "). 2.2 The parties hereto agree and understand that the Townhome Improvements constitute a portion of the Owner- Occupied Housing Component of the Minimum Improvements under the Contract. 2.3 The Authority and the City hereby consent to and approve the assignment in sections 2.1 and 2.2 above. 2.2 From and after the effective date set forth above, Master Developer is released from its obligations under the Contract as to the Subject Parcel and as to the portion of the Owner- Occupied Component represented by the Townhome Improvements, subject to the following: (a) Master Developer remains liable under the Contract as to all other parcels subject to the Contract that are not released hereby or previously released, and as to all other provisions of the Contract. (b) Successor Developer agrees and understands that the Subject Parcel is subject to the Assessment Agreement between the Authority and Developer dated July 11, 2006 ( "Assessment Agreement "), setting a minimum market value for the Subject Parcel and the Townhome Improvements constructed thereon for the period described in the Assessment Agreement. (c) Satisfactory completion by Successor Developer of the Townhome Improvements will be considered satisfaction of Developer's obligations as to a portion of the market value of Owner- Occupied Component under Section 4.3 of the Contract, such portion being the minimum value of $4,330,200 or the actual value upon completion, whichever is greater. However, nothing in this agreement will relieve Developer of its obligation to construct the remainder of the Owner- Occupied Component in accordance with the Contract. 2 - 17 - This document drafted by: • Hartford Group, Inc. (FAJ) 1300 Wells Fargo Plaza 7900 Xerxes Ave. S. Bloomington, MN 55431 • (Remainder of Page Intentionally Left Blank) 3 -18- • • • Dated: , 2006 LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of Minnesota By Its President By Its Executive Director STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 2006 by and , the President and Executive Director of the Lino Lakes Economic Development Authority, on behalf of the Authority. [Separate Signature Page to Approval of Assignment and Release of Obligations Under Contract For Private Development] 4 - 19 - • • • Dated: , 2006 STATE OF MINNESOTA ) ) ss COUNTY OF ANOKA ) CITY OF LINO LAKES, MINNESOTA, a municipal corporation under the laws of the State of Minnesota. By: Its: Mayor By: Its: City Clerk The foregoing instrument was acknowledged before me this day of 2006, by , the and , the of the City of Lino Lakes, Minnesota on behalf of said City. Notary Public [Separate Signature Page to Approval of Assignment and Release of Obligations Under Contract For Private Development] 1787796v2 7/7/05 5 -20- 4110 Dated: , 2006 HARTFORD DEVELOPMENT, INC., a Minnesota corporation STATE OF MINNESOTA COUNTY OF ANOKA The foregoing Hartford Development, By: Keith Gruebele Its: Chief Financial Manager ) ) ss ) instrument was acknowledged before me this day of 2006, by , the of Inc, a Minnesota Corporation on behalf of said Corporation. Notary Public [Separate Signature Page to Approval of Assignment and Release of Obligations Under Contract For Private Development] • Dated: , 2006 AVALON HOMES, INC., a Minnesota corporation • • By: Its: STATE OF MINNESOTA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2006, by , the of Avalon Homes, Inc, a Minnesota corporation on behalf of said corporation. Notary Public [Separate Signature Page to Approval of Assignment and Release of Obligations Under Contract For Private Development] 7 -22- • • • f 11.39 AGENDA MUNICIPAL CANVASSING BOARD MEETING CITY OF LINO LAKES Monday, November 13, 2006 6:20 P.M. Council Chambers 1. Call to Order Present: Stoltz, Bergeson, Reinert, Carlson Absent: O'Donnell 2. Consider acceptance of municipal canvassing board report declaring the results of the November 7, 2006 election Motion by Reinert, seconded by Stoltz, to accept the report as presented, was adopted by a voice vote; Board Member O'Donnell was absent 3. Adjourn Motion by Reinert, seconded by Carlson, to adjourn at 6:28. Page 1 • AGENDA ITEM 1 STAFF ORIGINATOR: Jean Viger, Deputy City Clerk MEETING DATE: November 13, 2006 TOPIC: Canvass Election VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: Attached you will find the returns of the Lino Lakes City Question, Amendment to the City Charter, that was on the November 7, 2006 General Election ballot. Minnesota Statute 205.185 subd. 3 requires the governing body of a city conducting any election to canvass the returns and declare the results of the election within seven days. OPTIONS: 1111 1. Move to accept the report as appears. 2. Reject the report RECOMMENDATION: Option #1 • • • • m r m z ∎n O z rncpO E mEz >O D mm cn 0 73 ITurn -out ITotal # Voters (Absentee 1Voter Receipts I Overvote Blank z O 'Yes CITY QUESTION- AMENDMENT TO CITY CH Il (Total # of Reg. Voters 1 1223 I # of Persons Registering on Election Day 100 I# of Reg. Persons at 7 a.m. v 55 817 ° CD 139 _J 642 3 111111 111111 71% 69% 1.71% 1 75% 1 1240 1122 1 1503 772 111 W ( 1193 1077 1389 ° ° 132 133 I 148 150 138 T 157 958 I 851 1198 ARTER • N 1582 1538 1 1989 Pr. #3 Pr. #4 ° 101 Q) 1 595 �W �l Pr. #5 %oL 1 I 2055 1JIT I 148 236 201 111 29521 2755 I i# 0) 0 720 CO 692 ° W W 576 CO y C31 902 I Pr. #7I 1 average = 72% I 1 8284 I £Lt7 I 7811 I CO O CO CO W J 6437 I -a W - OD J CO 10824 TOTAL m r m z ∎n O z rncpO E mEz >O D mm cn 0 73 • • • Ilauuoa O Mar m 0 N uosa6aa8 uuor uoslae3 euuoa Jaulaa }far O 5. CD BCD CD CO v O .= 0 O 0 CD O st CD cD O 0_ C7 a Cu �. 5. (0 0 O 0 CD .-t 3 CD 3 CD 0 X 0 CD 0_ -a Cv 1, O 0 0_ c 0 0_ Monday November 13, 2006 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members Carlson, O'Donnell, Reinert & Stoltz City Administrator: Gordon Heitke ➢ Open Mike / Public Comment Robert Goergen, 531 Aqua Circle, requested assistance from the City in his efforts to retain a flagpole that doesn't comply with his condominium regulations; The City Attorney was directed to review current laws that relate to Mr. Goergen's situation and report to the City Administrator on his findings. ➢ Call to Order and Roll Call 6:33 p.m. — Present were Mayor Bergeson, Council Members O'Donnell, Reinert, Carlson & Stoltz ➢ Pledge of Allegiance ➢ Setting the Agenda: Addition or deletion of agenda items The agenda was approved kG A) Consideration of Expenditures: i) November 13, 2006 (Check No. 78162 through 78290) in the amount of $433.872; ii) Centennial Fire District (Check No. 15373 through 15387) in the amount of $6,579.54 Pg 4 -17 Pg 18 B) Consider approval of October 23, 2006 Council Work Session Pg 19 -20 Minutes C) Consider approval of October 23, 2006 City Council Meeting Pg 21 -28 Minutes D) Consider approval of application of Blue Heron Elementary PTO Pg 29 to conduct an excluded bingo event on November 16, 2006 Action Taken: Motion by Carlson seconded by Stoltz, to approve the Consent Agenda, Items 1A through 10, was adopted by a unanimous voice vote. ANC DEPARTMENT REPORT Al" lei None Council Agenda -2- 11/13/2006 3. ADMINI TRATJON. DER ARTME ftr GI 1' ;Clan -Test A) Consideration of Resolution No. 06 -179 regarding council Pg 30 -31 work session agenda Action Taken: Motion by Reinert, seconded by O'Donnell, to approve Resolution No. 06 -179, was adopted by a voice vote; Carlson voted nay. .,.. .Y. OATI None ES DEPARTMENT EPORT, Rick DeGa�rd None E' A) chaef" Grad!,< Consideration of Resolution No. 06 -183, Amending PUD Final Pg 32 -34 Plan for Lakewood Apartments - Legacy at Woods Edge, Paul Bengtson Action Taken: Motion by Stoltz, seconded by O'Donnell, to approve Resolution No. 06 -183, was adopted by a voice vote; Reinert voted nay. B) Public Hearing. Consider 1St Reading of Ordinance 13 -06, Vacation Pg 35 -37 Drainage and Utility Easements, The Village No. 3, Paul Bengtson Action Taken: Motion by Carlson, seconded by Stoltz, to close the public hearing was adopted by a unanimous voice vote. Motion by O'Donnell, seconded by Stoltz, to approve the first reading of Ordinance No. 13 -06, was adopted by a roll call vote: Yeas: O'Donnell, Reinert, Bergeson, Carlson, Stoltz; Nays: none C) Legacy at Woods Edge Development Contract, Mary Alice Divine Pg 38 -56 i. Consideration of Resolution No. 06 -186 , Approving the Assignment and Release of Certain Obligations under the Contract for Private Development with Hartford Development, Inc. Action Taken: Motion by Reinert, seconded by O'Donnell, to approve Resolution No. 06 -186, was adopted by a unanimous voice vote. ii. Consideration of Resolution No. 06 -187, Approving the Release of Obligations Under Contract for Subdivision/PUD with Hartford Development Inc. Action Taken: Motion by Reinert, seconded by O'Donnell, to approve Resolution No. 06 -187, was adopted by a unanimous voice vote. Council Agenda -3- 11/13/2006 D) Consider 1st Reading of Ordinance No. 12 -06, Approving the Pg 57 -79 Reconveyance of Tax Forfeit Property to the State of Minnesota, Mary Alice Divine. Action Taken: Motion by Carlson, seconded by O'Donnell, to approve the first reading of Ordinance No. 12 -06, was adopted by a roll call vote: Yeas: O'Donnell, Reinert, Bergeson, Carlson, Stoltz; Nays: none E) Junes Addition i. Consideration of Resolution No. 06 -184, Approving Pg 60 -74 Development Agreement, Jim Studenski Action Taken: Motion by Stoltz, seconded by Carlson, to approve Resolution No. 06 -184, was adopted by a unanimous voice vote. ii. Consideration of Resolution No. 06 -180, Approving Final Pg 75 -77 Plat, Paul Bengtson Action Taken: Motion by O'Donnell, seconded by Reinert, to approve Resolution No. 06 -180, was adopted by a unanimous voice vote. F). Golden Acres, Paul Bengtson Pg 78 -92 i. Consider 1st Reading of Ordinance No. 11 -06, Rezoning Certain Real Property from R -Rural to R -1, Single Family Residential, Lot 4, Block 1 Mar Don Acres roll call required Action Taken: Motion by Reinert, seconded by Stoltz, to approve the first reading of Ordinance No. 11 -06, was adopted by a roll call vote: Yeas: O'Donnell, Reinert, Bergeson, Carlson, Stoltz; Nays: none ii. Consideration of Resolution No. 06 -181, Approving Preliminary Plat, Variance & MUSA Allocation, Golden Acres Action Taken: Motion by Carlson, seconded by O'Donnell, to approve Resolution No. 06 -181, was adopted by a unanimous voice vote. G) Consideration of Resolution No. 06 -182, Approving Variance, Pg 93 -103 St. Paul Water Utilities Property, Paul Bengtson Action Taken: Motion by Stoltz, seconded by Reinert, to approve Resolution No. 06 -182, was adopted by a unanimous voice vote. H). Consideration of Resolution No. 06 -185, Approving Final Pay Request, 2006 Sealcoat Project, Jim Studenski Action Taken: Motion by Reinert, seconded by O'Donnell, to approve Resolution No. 06 -185, was adopted by a unanimous voice vote. Pg 104 -110 Council Agenda -4- 11/13/2006 I) Consideration of Resolution No. 06 -189, Authorizing City Attorney Pg 111 -113 to Commence Eminent Domain Proceedings, Lake Dr /35W Interchange Reconstruction Project, Michael Grochala Action Taken: Motion by O'Donnell, seconded by Stoltz, to approve Resolution No. 06 -189, was adopted by a voice vote; Carlson voted nay. J) Consideration of Resolution No. 06 -190, Approving Change Pg 114 -117 Order No. 2, Legacy at Woods Edge — Phase 1 Street and Utility Improvements, Michael Grochala Action Taken: Motion by Carlson, seconded by Stoltz, to approve Resolution No. 06 -190, was adopted by a unanimous voice vote. ED BU.. A) Consider approval of October 2, 2006 Council Work Session Pg 118 -122 Minutes Tabled October 23, 2006 Action Taken: Motion by Reinert, seconded by Stoltz, to continue to table the minutes of October 2, 2006, was adopted by a unanimous voice vote. None Action Taken: Motion by Stoltz, seconded by Carlson, to adjourn at 8:20 p.m., was adopted by a unanimous voice vote. Community Calendar - A Look Ahead November 14- November 27, 2006 4 November 15 Lino Lakes City Council Chambers November 23/24 November 27 Thanksgiving Holiday Council Chambers Hodgson/County Rd J Master Plan Open House 6:30 p.m. City Hall closed City Council Meeting, 6:30 p.m. (work session at 5:30 p.m.) • Monday November 13, 2006 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members Carlson, O'Donnell, Reinert & Stoltz City Administrator: Gordon Heitke ➢ Open Mike / Public Comment ➢ Call to Order and Roll Call ➢ Pledge of Allegiance ➢ Setting the Agenda: Addition or deletion of agenda items A) Consideration of Expenditures: i) November 13, 2006 (Check No. 78162 through 78290) in the amount of $433.872; ii) Centennial Fire District (Check No. 15373 through 15387) in the amount of $6,579.54 Pg 4 -17 Pg 18 B) Consider approval of October 23, 2006 Council Work Session Pg 19 -20 Minutes C) Consider approval of October 23, 2006 City Council Meeting Pg 21 -28 Minutes D) Consider approval of application of Blue Heron Elementary PTO Pg 29 to conduct an excluded bingo event on November 16, 2006 None A) Consideration of Resolution No. 06 -179 regarding council Pg 30 -31 work session agenda .,., n.c ._:�,z,...msrr.m� �� ,e�...•c,.�a,; ,�Pnx:owiNU I n,.,.s.nt..,.,h..wuw,..ad 3� 3 None None Council Agenda A) -2- T, Michael Grc 11/13/2006 Consideration of Resolution No. 06 -183, Amending PUD Final Pg 32 -34 Plan for Lakewood Apartments - Legacy at Woods Edge, Paul Bengtson B) Public Hearing. Consider 1St Reading of Ordinance 13 -06, Vacation Pg 35 -37 Drainage and Utility Easements, The Village No. 3, Paul Bengtson C) Legacy at Woods Edge Development Contract, Mary Alice Divine Pg 38 -56 i. Consideration of Resolution No. 06 -186 , Approving the Assignment and Release of Certain Obligations under the Contract for Private Development with Hartford Development, Inc. ii. Consideration of Resolution No. 06 -187, Approving the Release of Obligations Under Contract for Subdivision/PUD with Hartford Development Inc. D) Consider 1St Reading of Ordinance No. 12 -06, Approving the Pg 57 -79 Reconveyance of Tax Forfeit Property to the State of Minnesota, Mary Alice Divine. E) Junes Addition i. Consideration of Resolution No. 06 -184, Approving Pg 60 -74 Development Agreement, Jim Studenski ii. Consideration of Resolution No. 06 -180, Approving Final Pg 75 -77 Plat, Paul Bengtson F). Golden Acres, Paul Bengtson Pg 78 -92 i. Consider 1St Reading of Ordinance No. 11 -06, Rezoning Certain Real Property from R -Rural to R -1, Single Family Residential, Lot 4, Block 1 Mar Don Acres roll call required ii. Consideration of Resolution No. 06 -181, Approving Preliminary Plat, Variance & MUSA Allocation, Golden Acres G) Consideration of Resolution No. 06 -182, Approving Variance, Pg 93 -103 St. Paul Water Utilities Property, Paul Bengtson H). Consideration of Resolution No. 06 -185, Approving Final Pay Pg 104 -110 Request, 2006 Sealcoat Project, Jim Studenski I) Consideration of Resolution No. 06 -189, Authorizing City Attorney Pg 111 -113 to Commence Eminent Domain Proceedings, Lake Dr /35W Interchange Reconstruction Project, Michael Grochala J) Consideration of Resolution No. 06 -190, Approving Change Pg 114 -117 Order No. 2, Legacy at Woods Edge — Phase 1 Street and Utility Improvements, Michael Grochala • • Council Agenda -3- 11/13/2006 A) Consider approval of October 2, 2006 Council Work Session Minutes Tabled October 23, 2006 None Pg 118 -122 • November 15 Community Calendar— A Look Ahead November 14- November 27, 2006 Lino Lakes City Council Chambers • November 23/24 Thanksgiving Holiday • November 27 Council Chambers Hodgson/County Rd J Master Plan Open House 6:30 p.m. City Hall closed City Council Meeting, 6:30 p.m. AGENDA ITEM lA EXPENDITURES NOVEMBER 13, 2006 Date: 10/25/2006 Time: 09:18:58 City of Lino Lakes FM Entry - Invoice Journal Ranges: • Vendor #: (A) Invoice #: (A) Entry Journal #: (r) 5807 5807 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Operator: JAL Page: 1 Options: Detail / Summary: s Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000489 TDS METROCOM 1 883.89 883.89 .00 .00 000539 TARGET 1 174.56 174.56 .00 .00 000704 SECURITY PRODUCTS COMPANY, INC. 1 6,714.22 6,714.22 .00 .00 000822 HOFMANN, JOHN 1 20.00 20.00 .00 .00 001019 LEDIN, SCOTT 1 20.00 20.00 .00 .00 001037 RYAN COMPANIES US, INC. 1 14,559.18 14,559.18 .00 .00 001110 CIRCLE PINES, CITY OF 1 1,768.49 1,768.49 .00 .00 001395 NEXTEL COMMUNICATIONS 1 709.21 709.21 .00 .00 003250 XCEL ENERGY 1 6,636.00 6,636.00 .00 .00 003478 PECCHIA, DAVID CHIEF 1 1,152.62 1,152.62 .00 .00 Grand Totals: 10 32,638.17 32,638.17 .00 .00* • • Date: 11/03/2006 Time: 08:59:38 Ranges: Vendor #: (A) • Invoice #: (A) Entry Journal #: (R) 5811 - 5811 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: S City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 1 Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000022 NORTHERN WATER WORKS SUPPLY, INC. 3 237.50 237.50 .00 .00 000100 AID ELECTRIC SERVICE, INC. 1 397.58 397.58 .00 .00 000120 ST. JOSEPH'S CHURCH 1 200.00 200.00 .00 .00 000128 BERGMAN COMPANIES, INC. 2 7,185.43 7,185.43 .00 .00 000153 LYNDE COMPANY, THE LLC 1 1,022.40 1,022.40 .00 .00 000174 W. W. GOETSCH ASSOCIATES, INC. 1 3,548.58 3,548.58 .00 .00 000200 AMERICAN FAMILY LIFE ASSUR, INC. 1 155.04 155.04 .00 .00 000203 WINGFOOT COMMERCIAL TIRE SYSTEMS, LLC 3 4,573.45 4,573.45 .00 .00 000210 AMERICAN FASTENER & SUPPLY, INC. 1 34.10 34.10 .00 .00 000260 AMERICAN PRESSURE, INC. 1 24.65 24.65 .00 .00 000265 NASH SALES, INC. 1 200.00 200.00 .00 .00 •85 ARMOR HOLDINGS FORENSICS, INC. 1 107.50 107.50 .00 .00 000364 NORTHERN AIR CORPORATION 1 192.50 192.50 .00 .00 000370 CENTRAL COMMUINICATIONS 1 769.86 769.86 .00 .00 000375 SYCOM, INC. 1 4,573.96 4,573.96 .00 .00 000408 AFSCME COUNCIL #5 1 814.63 814.63 .00 .00 000420 ANOKA COUNTY 1 125.90 125.90 .00 .00 000486 COORDINATED BUSINESS SYSTEMS, LTD. 1 501.17 501.17 .00 .00 000493 ASSET RECOVERY CORPORATION 1 1,400.67 1,400.67 .00 .00 000544 STATE OF MINNESOTA 2 50.00 50.00 .00 .00 000552 AUTOMOTIVE REFINISH TECHNOLOGIES,IN 2 321.59 321.59 .00 .00 000627 J. P. COOKE COMPANY, INC. 1 38.55 38.55 .00 .00 • 6 Date: 11/03/2006 Time: 08:59:39 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 2 Discount Vendor # Name # of items Net Gross Discount Lost 09 MSTMA C/0 RANDY BASTYR 1 105.00 105.00 .00 .00 000698 KEY LAND HOMES 4 8,000.00 8,000.00 .00 .00 000720 BLAINE, CITY OF 2 2,065.75 2,065.75 .00 .00 000724 BLUE TOW SERVICE, INC. 3 387.76 387.76 .00 .00 000771 POWER PLAN 1 41.36 41.36 .00 .00 000772 FILTRATION SYSTEMS, INC. 1 33.28 33.28 .00 .00 000860 BROADWAY AWARDS, INC. 1 23.43 23.43 .00 .00 000861 BEE LINE ALIGNMENT SERVICE 1 85.00 85.00 .00 .00 000879 PREFERRED ONE COMMUNITY HEALTH PLAN 1 41,390.70 41,390.70 .00 .00 000930 WILLIAM G. HAWKINS & ASSOCIATES 1 13,646.00 13,646.00 .00 .00 000946 C. P. OFFICE PRODUCTS 5 663.61 663.61 .00 .00 000950 C. W. HOULE, INC. 1 5,305.90 5,305.90 .00 .00 000983 ADMINISTRATION RESOURCES CORPORATION 1 59.20 59.20 .00 .00 000998 AGGREGATE INDUSTRIES, INC. 4 1,539.89 1,539.89 .00 .00 001013 ALTERNATOR & STARTER STORE, THE 2 191.71 191.71 .00 .00 001016 MINNESOTA STATE RETIREMENT SYSTEM 1 727.22 727.22 .00 .00 111039 A. M. LEONARD 1 386.71 386.71 .00 .00 001040 CENTENNIAL FIRE DISTRICT 1 1,000.00 1,000.00 .00 .00 001045 BARD, STEPHEN A. 1 100.00 100.00 .00 .00 001051 CONCRETE PRESSURE LIFTING, INC. 1 850.00 850.00 .00 .00 001065 OLINGER, LISA 1 25.00 25.00 .00 .00 001068 RELINER /DURAN, INC. 2 1,145.73 1,145.73 .00 .00 001073 WATSON, MIKE 1 55.00 55.00 .00 .00 001100 CIRCLE PINES POST OFFICE 1 570.97 570.97 .00 .00 001101 CENTENNIAL LASES POLICE DEPARTMENT 1 1,927.00 1,927.00 .00 .00 001195 MINNESOTA REVENUE 1 131.35 131.35 .00 .00 001247 CROWN TROPHY, INC. 1 345.01 345.01 .00 .00 • Date: 11/03/2006 Time: 08:59:39 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 3 Discount # Name # of items Net Gross Discount Lost 001270 DALCO, INC. 3 443.68 443.68 .00 .00 001292 DEHN OIL COMPANY, INC. 2 6,410.85 6,410.85 .00 .00 001294 DNR, DEPARTMENT OF NATURAL RESOURCE 1 19.72 19.72 .00 .00 001301 DELTA DENTAL PLAN OF MINNESOTA 1 4,434.45 4,434.45 .00 .00 001350 E. G. RUD & SONS, INC. 1 1,292.00 1,292.00 .00 .00 001480 HAWKINS INC. 2 2,448.94 2,448.94 .00 .00 001550 ASSURANT EMPOLYEE BENEFITS 1 948.75 948.75 .00 .00 001560 FRATTALLONE'S HARDWARE, INC. 1 38.47 38.47 .00 .00 001583 JASPER ENGINE /TRANSMISSION EXCHANGE, INC 1 1,691.00 1,691.00 .00 .00 001610 GILLUND ENTERPRISES, INC. 1 208.20 208.20 .00 .00 001720 GRAINGER, INC. 1 68.63 68.63 .00 .00 001827 HENNEPIN TECHNICAL COTJ,FGE 1 370.00 370.00 .00 .00 001840 HILLESHEIM, TIM 1 149.99 149.99 .00 .00 001859 HOME DEPOT CREDIT SERVICES 1 207.28 207.28 .00 .00 001860 KENNEDY AND GRAVEN, INC. 2 978.50 978.50 .00 .00 001971 INFRATECH TECHNOLOGIES, INC. 1 1,560.00 1,560.00 .00 .00 111/177 I.T.L. PATCH COMPANY, INC. 1 384.31 384.31 .00 .00 002053 J. R.'S APPLIANCE DISPOSAL, INC. 1 1,292.00 1,292.00 .00 .00 002154 KLUEGEL, PETER 1 33.14 33.14 .00 .00 002178 WILSON DEVELOPMENT SERVICES 1 1,390.88 1,390.88 .00 .00 002208 LAW ENFORCEMENT LABOR SERVICES, INC. 1 851.00 851.00 .00 .00 002310 LEAGUE OF MINNESOTA CITIES 1 120.00 120.00 .00 .00 002328 LEEF BROTHER, INC. 1 17.53 17.53 .00 .00 002332 LIFE SAFETY SYSTEMS, INC. 1 1,285.00 1,285.00 .00 .00 002340 IMAGE PRINTING & GRAPHICS, INC. 3 842.51 842.51 .00 .00 002373 OLSEN, ROGER E. 1 510.00 510.00 .00 .00 002410 LINO LAKES LIONS CLUB 1 400.00 400.00 .00 .00 • Date: 11/03/2006 Time: 08:59:40 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 4 Discount # Name # of items Net Gross Discount Lost 002440 LITTLE FALLS MACHINE, INC. 1 108.46 108.46 .00 .00 002492 TRI -STATE PUMP & CONTROL, INC. 1 115.00 115.00 .00 .00 002493 FIRST STATE TIRE RECYCLING, INC. 1 350.00 350.00 .00 .00 002550 MENARDS, INC. 3 152.36 152.36 .00 .00 002564 ALT, JOYCE 1 58.00 58.00 .00 .00 002566 BONA, JEFF 1 50.00 50.00 .00 .00 002592 TURFWERKS 1 10,494.51 10,494.51 .00 .00 002609 WOLTJER, GEORGIA 1 17.96 17.96 .00 .00 002743 ECA /CRIMINAL JUSTICE INFO SYSTEMS 1 200.00 200.00 .00 .00 002770 MINNESOTA DEPT OF EMPLOY & ECON DEV 1 2,575.00 2,575.00 .00 .00 002931 MN CHILD SUPPORT PAYMENT CENTER 1 246.42 246.42 .00 .00 003050 MRPA 1 175.00 175.00 .00 .00 003090 NARDINI FIRE EQUIPMENT CO., INC. 1 140.00 140.00 .00 .00 003180 NEWMAN TRAFFIC SIGNS, INC. 3 1,715.61 1,715.81 .00 .00 003228 NORTH AMERICAN SALT COMPANY, INC. 1 7,231.86 7,231.86 .00 .00 003230 MECKLE, TERRY 1 111.99 111.99 .00 410°° PRESS PUBLICATIONS, INC. 6 652.89 652.89 .00 .00 003789 RIVARD ELECTRIC COMPANY, INC. 1 446.50 446.50 .00 .00 003880 SHORT - ELLIOTT - HENDRICKSON, INC. 4 72,616.46 72,616.46 .00 .00 003926 SCHWAAB, INC. 1 16.76 16.76 .00 .00 004099 SRF CONSULTING GROUP, INC. 2 11,426.55 11,426.55 .00 .00 004100 SPRINGSTED, INC. 2 42,555.76 42,555.76 .00 .00 004280 SUNSHINE LIGHTING COMPANY, INC. 1 205.50 205.50 .00 .00 004340 T.A. SCHIFSKY AND SONS, INC. 3 5,129.15 5,129.15 .00 .00 004350 T.K.D.A. 25 80,222.55 80,222.55 .00 .00 004427 TIMESAVER OFF -SITE SECRETARIAL, INC 3 717.00 717.00 .00 .00 004470 COMO LUKE & SUPPLIES, INC. 2 690.28 690.28 .00 .00 • Date: 11/03/2006 Time: 08:59:40 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 5 Discount Ve or # Name # of items Net Gross Discount Lost 00 30 TURF SUPPLIES, INC. 1 842.42 842.42 .00 .00 004540 TWIN CITY GARAGE DOOR CO., INC. 1 414.00 414.00 .00 .00 004562 NATIONAL WATERWORKS /HUGHES SUPPLY, INC. 2 2,639.54 2,639.54 .00 .00 004606 U. S. BANK 1 1,035.00 1,035.00 .00 .00 004709 VARSITY PHOTOS, INC. 1 5,636.00 5,636.00 .00 .00 004762 NEU & COMPANY, INC. 1 5,271.62 5,271.62 .00 .00 004788 SPRINT 1 70.17 70.17 .00 .00 004840 WINNICK SUPPLY, INC. 1 129.40 129.40 .00 .00 005005 GREEN LIGHTS RECYCLING, INC. 1 37.74 37.74 .00 .00 005022 PITNEY WORKS RESERVE ACCOUNT 1 5,000.00 5,000.00 .00 .00 006304 TBS OFFICE AUTOMATIONS, INC. 1 255.60 255.60 .00 .00 900483 DEMOTTES, AL 1 40.00 40.00 .00 .00 900491 ROSEVILLE, CITY OF 1 1,666.67 1,666.67 .00 .00 900494 NORTHERN ESCROW, INC. 1 4,099.60 4,099.60 .00 .00 Grand Totals: 190 401,234.00 401,234.00 .00 .00* • Date: 11/03/2006 Time: 09:07:43 Operator: JAL Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Ranges: Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (R) 5809 - 5823 Bank #: (A) Cash #: (A) Payroll Check Dates: (A) Options: Print: D Report Format: 1 # of copies: 1 Total By Account: Y Check # Vendor Alpha Name 0 0 0 0 0 0 0 78163 0 0 0 78164 0 0 • 0 0 78167 78168 0 0 0 • Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Description Dept Amount AFSCME COUNCIL #5 ALT, JOYCE AMERICAN FAMILY LIFE A BLUE TOW SERVICE, INC. CENTENNIAL FIRE DISTRI CENTENNIAL LAKES POLIC DELTA DENTAL PLAN OF M HOFMANN, JOHN KENNEDY AND GRAVEN, IN KEY LAND HOMES LAW ENFORCEMENT LABOR LEDIN, SCOTT MINNESOTA STATE RETIRE PAYROLL WITHHOLDING REIMBURSE PROGRAM REC PAYROLL WITHHOLDING '91 NISSAN SAFETY CAMP EAGLE BROOK REIMBURSEMEN DENTAL INSURANCE REIMBURSE PROGRAM REC LEGACY REIMS BLDG ESCROW /6540 P PAYROLL WITHHOLDING REIMBURSE PROGRAM REC PAYROLL WITHHOLDING MN CHILD SUPPORT PAYME PAY WITHHOLD /TERRY MECKL OLINGER, LISA REIMBURSE PROGRAM REC PREFERRED ONE COMMUNIT PAYROLL WITHHOLDING PRESS PUBLICATIONS, IN PUBLIC NOTICE RYAN COMPANIES US, INC REIMS S T ESCROW /7301 AP SECURITY PRODUCTS COMP SOFTWARE SHORT - ELLIOTT - HENDRICK LAKEWOOD APARTMENTS /SEPT T.K.D.A. NATURES REFUGE /SEPTEMBER WILLIAM G. HAWKINS & A JUNES Total for Dept ** O BLAINE, CITY OF PROGRAM REC O BONA, JEFF PROGRAM REC 0 IMAGE PRINTING & GRAPH FLYERS O ST. JOSEPH'S CHURCH BREAKFAST WITH SANTA Total for Dept 205 O CROWN TROPHY, INC. TROPHIES O VARSITY PHOTOS, INC. PROGRAM REC O WATSON, MIKE PROGRAM REC Total for Dept 208 O NEU & COMPANY, INC. COMMUNITY VISIONING * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** 814.63 58.00 155.04 367.76 1,000.00 1,927.00 2,533.50 20.00 522.50 8,000.00 B51.00 20.00 727.22 246.42 25.00 9,939.44 107.25 14,559.18 6,714.22 389.24 44,595.86 325.00 93,918.26* SPECIAL 123.00 SPECIAL 50.00 SPECIAL 283.42 SPECIAL 200.00 656.42* YOUTH SP 345.01 YOUTH SP 5,636.00 YOUTH SP 55.00 6,036.01* MAYOR /CO 5,271.62 Date: 11/03/2006 Time: 09:07:43 Operator: JAL • Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 0 PRESS PUBLICATIONS, IN ADVERTISING SPOTLIGHT 78169 TARGET COOKIES 0 TIMESAVER OFF -SITE SEC OCT 9 Total for Dept 401 0 0 0 78165 0 0 0 ADMINISTRATION RESOURC ASSURANT EMPOLYEE BENE DELTA DENTAL PLAN OF M NEXTEL COMMUNICATIONS PREFERRED ONE COMMUNIT PRESS PUBLICATIONS, IN SPRINT 78169 TARGET MAYOR /CO MAYOR /CO MAYOR /CO COBRA ADMINISTRATION ADMINIST LONG TERM DISABILITY INS ADMINIST DENTAL INSURANCE ADMINIST MONTHLY SERVICE /SEPTEMBE ADMINIST PAYROLL WITHHOLDING ADMINIST ORDINANCE 10 -06 ADMINIST MONTHLY SERVICE /SEPTEMBE ADMINIST Total for Dept 402 COOKIES ELECTION Total for Dept 403 0 TIMESAVER OFF -SITE SEC OCT 12 CHARTER Total for Dept 405 0 ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS SENIORS 78165 NEXTEL COMMUNICATIONS MONTHLY SERVICE /SEPTEMBE SENIORS 78170 TDS METROCOM MONTHLY SERVICE /OCTOBER SENIORS Total for Dept 406 • • O ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS O DELTA DENTAL PLAN OF M DENTAL INSURANCE O PREFERRED ONE COMMUNIT PAYROLL WITHHOLDING O ROSEVILLE, CITY OF JOINT POWERS /OCTOBER Total for Dept 407 O WILLIAM G. HAWKINS & A JUNES Total for Dept 414 O ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS O DELTA DENTAL PLAN OF M DENTAL INSURANCE O KENNEDY AND GRAVEN, IN YMCA O PREFERRED ONE COMMUNIT PAYROLL WITHHOLDING O SHORT - ELLIOTT - HENDRICK GIS SERVICE /SEPTEMBER Total for Dept 415 O ASSURANT EMPOLYEE BENZ LONG TERM DISABILITY INS 0 DELTA DENTAL PLAN OF M DENTAL INSURANCE O PREFERRED ONE COMMUNIT PAYROLL WITHHOLDING O SHORT - ELLIOTT - HENDRICK GIS SERVICE /SEPTEMBER 0 SRF CONSULTING GROUP, COMP PLAN /SEPTEMBER 0 T.K.D.A. COMP PLAN /SEPTEMBER Total for Dept 416 FINANCE FINANCE FINANCE FINANCE LEGAL CO ECONOMIC ECONOMIC ECONOMIC ECONOMIC ECONOMIC PLANNING PLANNING PLANNING PLANNING PLANNING PLANNING 402.64 39.26 516.00 6,229.52* 59.20 78.01 161.03 44.85 2,266.74 121.55 70.17 2,801.55* 31.62 31.62* 201.00 201.00* 4.96 46.03 45.16 96.15* 51.94 112.74 770.09 1,666.67 2,601.44* 13,321.00 13,321.00* 15.39 32.20 456.00 352.18 120.00 975.77* 28.51 64.40 704.36 1,998.00 11,426.55 4,982.07 19,203.89* O T.K.D.A. 21ST AVENUE /SEPTEMBER ENGINEER 16,601.86 Date: 11/03/2006 Time: 09:07:43 Operator: JAL Check # Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Vendor Alpha Name Description Dept Amount Total for Dept 417 16,601.86* 0 ASSURANT EMPOLYEE BENS LONG TERM DISABILITY INS COMM DEV 39.41 0 DELTA DENTAL PLAN OF M DENTAL INSURANCE COMM DEV 88.57 78165 NEXTEL COMMUNICATIONS MONTHLY SERVICE /SEPTEMBE COMM DEV 13.94 0 PREFERRED ONE COMMUNIT PAYROLL WITHHOLDING COMM DEV 660.28 0 SHORT - ELLIOTT- HENDRICK GIS SERVICE /SEPTEMBER COMM DEV 1,377.50 Total for Dept 418 2,179.70* 0 0 0 0 0 0 0 0 0 0 0 78166 0 0 78169 78170 78171 ARMOR HOLDINGS FORENSI TESTS ASSURANT EMPOLYEE BENS LONG TERM DISABILITY INS AUTOMOTIVE REFINISH TE MASK /CLOTH /WIPERS BARD, STEPHEN A. ARBITRATOR BCA /CRIMINAL JUSTICE I BROADWAY AWARDS, INC. CENTRAL COMMUINICATION DELTA DENTAL PLAN OF M HENNEPIN TECHNICAL COL I.T.L. PATCH COMPANY, MINNESOTA DEPT OF EMPL PECCHIA, DAVID CHIEF PREFERRED ONE COMMUNIT STATE OF MINNESOTA TARGET TDS METROCOM XCEL ENERGY TRAINING /4 NAME PLATES METRO EMERGENCY USER FEE DENTAL INSURANCE CONFERENCE /DAVE P & KENT UNIFORM SUPPLIES UNEMPLOYMENT BENEFITS REIMB PARKING /AIR FARE /C PAYROLL WITHHOLDING BOILER PRESSURE PROGRAM COOKIES MONTHLY SERVICE /OCTOBER MONTHLY SERVICE /SEPTEMBE Total for Dept 420 •0 ASSURANT EMPOLYEE BENS LONG TERM DISABILITY O DELTA DENTAL PLAN OF M DENTAL INSURANCE O PREFERRED ONE COMMUNIT PAYROLL WITHHOLDING Total for Dept 421 POLICE 107.50 POLICE 362.88 POLICE 81.59 POLICE 100.00 POLICE 200.00 POLICE 23.43 POLICE 769.86 POLICE 502.27 POLICE 370.00 POLICE 384.31 POLICE 2,575.00 POLICE 1,152.62 POLICE 14,629.26 POLICE 30.00 POLICE 76.72 POLICE 107.27 POLICE 3.31 21,476.02* INS FIRE 41.55 FIRE 94.37 FIRE 1,868.34 2,004.26* O ASSURANT EMPOLYEE BENS LONG TERM DISABILITY INS O DELTA DENTAL PLAN OF M DENTAL INSURANCE O KLUEGEL, PETER REIMBURSE CLOTHING ALLOW 78165 NEXTEL COMMUNICATIONS MONTHLY SERVICE /SEPTEMBE O PREFERRED ONE COMMUNIT PAYROLL WITHHOLDING O WOLTJER, GEORGIA SUPPLIES Total for Dept 422 O AGGREGATE INDUSTRIES, 0 AID ELECTRIC SERVICE, O ASSURANT EMPOLYEE BENS O BERGMAN COMPANIES, INC 0 DELTA DENTAL PLAN OF M O FRATTALLONE'S HARDWARE O LEAGUE OF MINNESOTA CI 0 LYNDE COMPANY, THE LLC O MECKLE, TERRY • SAND /CONCRETE RE -LAMP POLE LIGHTS LONG TERM DISABILITY LINE PAINTING DENTAL INSURANCE MARKERS CHAIN SAW TRAINING ICE MELT REIMBURSE CLOTHING BUILDING 53.56 BUILDING 136.88 BUILDING 33.14 BUILDING 77.01 BUILDING 1,914.56 BUILDING 17.96 2,233.11* STREETS 1,539.89 STREETS 397.58 INS STREETS 78.01 STREETS 7,185.43 STREETS 220.59 STREETS 9.99 STREETS 60.00 STREETS 1,022.40 ALLOW STREETS 111.99 Date: 11/03/2006 Time: 09:07:43 Operator: JAL • Check # Vendor Alpha Name Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills 0 78165 0 0 0 0 78170 78171 • Description Dept Amount NEWMAN TRAFFIC SIGNS, NEXTEL COMMUNICATIONS NORTH AMERICAN SALT CO PREFERRED ONE COMMUNIT RIVARD ELECTRIC COMPAN T.A. SCHIFSKY AND SONS TDS METROCOM XCEL ENERGY HAZARD MARKERS MONTHLY SERVICE / SEPTEMBE WINTER SALT PAYROLL WITHHOLDING STREET LIGHT REPAIR /WELL ASPHALT MONTHLY SERVICE /OCTOBER MONTHLY SERVICE /SEPTEMBE Total for Dept 430 0 ALTERNATOR & STARTER 5 0 AMERICAN FASTENER & SU 0 AMERICAN PRESSURE, INC 0 ASSURANT EMPOLYEE BENE O AUTOMOTIVE REFINISH TE 0 BEE LINE ALIGNMENT SER 0 COMO LURE & SUPPLIES, 0 DERN OIL COMPANY, INC. O DELTA DENTAL PLAN OF M 0 FRATTALLONE'5 HARDWARE 0 GILLUND ENTERPRISES, I O JASPER ENGINE /TRANSMIS 0 LEAGUE OF MINNESOTA CI O LEEF BROTHER, INC. O LITTLE FALLS MACHINE, 0 MENARDS, INC. 0 POWER PLAN O PREFERRED ONE COMMUNIT 0 WINGFOOT COMMERCIAL TI 0 0 78162 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 • REPAIR STARTER /SOLENOID WASHER /CLAMP /FUSE VALVE /HOSE /STRAINER LONG TERM DISABILITY TAPE /PAPER /THINNER ALIGN MOTOR OIL GASOHOL DENTAL INSURANCE MARKERS CHEMICALS CORE CHAIN SAW TRAINING SHOP TOWELS PLOW PARTS ROLLER SWITCH /RDO EQUIPMENT PAYROLL WITHHOLDING TIRES Total for Dept 431 ASSURANT EMPOLYEE BENE C. P. OFFICE PRODUCTS CIRCLE PINES, CITY OF COORDINATED BUSINESS S DALCO, INC. DELTA DENTAL PLAN OF M STREETS 1,715.81 STREETS 45.92 STREETS 7,231.86 STREETS 2,962.35 STREETS 286.50 STREETS 1,376.69 STREETS 51.66 STREETS 4,229.18 28,525.85* FLEET 191.71 FLEET 34.10 FLEET 24.65 INS FLEET 13.96 FLEET 240.00 FLEET 85.00 FLEET 690.28 FLEET 6,410.85 FLEET 37.03 FLEET 12.69 FLEET 208.20 FLEET 1,691.00 FLEET 10.00 FLEET 17.53 FLEET 108.46 FLEET 7.96 FLEET 41.36 FLEET 646.83 FLEET 4,573.45 15,045.06* LONG TERM DISABILITY INS CART MONTHLY SERVICE / SEPTEMBE MAINTENANCE CONTRACT JANITORIAL SUPPLIES DENTAL INSURANCE FILTRATION SYSTEMS, IN FILTER FRATTALLONE'S HARDWARE MARKERS GRAINGER, INC. HEATER BLADE /RIPPER /PLEDGE ENVELOPES STAMP SERVICE CALL ROLLER HAZARDOUS WASTE INSPECTIONS REPLACE POSITIONER MEET CUSTOMER /INSTALL 3 POSTAGE ESCROW HOME DEPOT CREDIT SERV IMAGE PRINTING & GRAPH J. P. COOKE COMPANY, I LIFE SAFETY SYSTEMS, I MENARDS, INC. MINNESOTA REVENUE NARDINI FIRE EQUIPMENT NORTHERN AIR CORPORATI OLSEN, ROGER E. PITNEY WORKS RESERVE A FEE GOVERNME 9.61 GOVERNME 663.61 GOVERNME 1,733.35 GOVERNME 501.17 GOVERNME 443.68 GOVERNME 32.20 GOVERNME 33.28 GOVERNME 9.63 GOVERNME 68.63 GOVERNME 23.00 GOVERNME 305.83 GOVERNME 38.55 GOVERNME 1,285.00 GOVERNME 19.88 GOVERNME 131.35 GOVERNME 140.00 GOVERNME 192.50 GOVERNME 510.00 GOVERNME 5,000.00 Date: 11/03/2006 Time: 09:07:43 Operator: JAL 91 # Vendor Alpha Name Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills 0 0 0 0 78170 0 0 0 78162 0 0 0 0 0 0 0 0 78165 0 0 78170 0 0 78171 0 0 165 0 0 0 0 78165 0 0 Description Dept Amount PREFERRED ONE COMMUNIT SCHWAAB, INC. STATE OF MINNESOTA SUNSHINE LIGHTING COMP TDS METROCOM TWIN CITY GARAGE DOOR PAYROLL WITHHOLDING DATER PADS BOILER PRESSURE PROGRAM BULBS MONTHLY SERVICE /OCTOBER MAINTENANCE Total for Dept A. M. LEONARD ASSURANT EMPOLYEE BENE CIRCLE PINES, CITY OF DELTA DENTAL PLAN OF M DNR, DEPARTMENT OF NAT FRATTALLONE'S HARDWARE HOME DEPOT CREDIT SERV LEAGUE OF MINNESOTA CI MENARDS, INC. MRPA MSTMA C/O RANDY BASTYR NEXTEL COMMUNICATIONS PREFERRED ONE COMMUNIT TBS OFFICE AUTOMATIONS TDS METROCOM TURF SUPPLIES, INC. TURFWERKS XCEL ENERGY 432 WHEEL /DRESSER /GRIT LONG TERM DISABILITY INS MONTHLY SERVICE /SEPTEMBE DENTAL INSURANCE DECALS MARKERS BLADE /RIPPER /PLEDGE CHAIN SAW TRAINING MAINTENANCE SUPPLIES WORKSHOP /RICK DG WORKSHOP /3 MONTHLY SERVICE /SEPTEMBE PAYROLL WITHHOLDING MAINTENANCE CONTRACT MONTHLY SERVICE /OCTOBER OVERSEEDER ROTARY MOWER MONTHLY SERVICE /SEPTEMBE Total for Dept 450 ASSURANT EMPOLYEE BENE DELTA DENTAL PLAN OF M NEXTEL COMMUNICATIONS PREFERRED ONE COMMUNIT TBS OFFICE AUTOMATIONS GOVERNME GOVERNME GOVERNME GOVERNWE GOVERNME GOVERNME PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS LONG TERM DISABILITY INS RECREATI DENTAL INSURANCE RECREATI MONTHLY SERVICE /SEPTEMBE RECREATI PAYROLL WITHHOLDING RECREATI MAINTENANCE CONTRACT RECREATI Total for Dept 451 ASSURANT EMPOLYEE GENE DELTA DENTAL PLAN OF M NEXTEL COMMUNICATIONS PREFERRED ONE COMMUNIT LONG TERM DISABILITY INS DENTAL INSURANCE MONTHLY SERVICE /SEPTEMBE PAYROLL WITHHOLDING PRESS PUBLICATIONS, IN MEETING CANCEL Total for Dept 461 0 ASSET RECOVERY CORPORA 0 ASSURANT EMPOLYEE BENE O DELTA DENTAL PLAN OF M O DEMOTTES, AL O FIRST STATE TIRE RECYC 0 GREEN LIGHTS RECYCLING 0 J. R.'S APPLIANCE DISP O LINO LAKES LIONS CLUB ENVIRONM ENVIRONM ENVIRONM ENVIRONM ENVIRONM RECYCLE DAY SOLID WA LONG TERM DISABILITY INS SOLID WA DENTAL INSURANCE SOLID WA RECYCLING DAY SOLID WA RECYCLING DAY SOLID WA RECYCLING DAY SOLID WA RECYCLING DAY SOLID WA RECYCLING DAY SOLID WA -15- 352.18 16.76 20.00 205.50 597.45 414.00 12,747.16* 386.71 75.19 35.14 144.94 19.72 6.16 183.21 40.00 124.52 175.00 105.00 328.94 891.00 89.46 50.16 842.42 10,494.51 106.10 14,098.18* 38.89 103.06 15.01 1,131.26 166.14 1,454.36* 10.85 11.28 62.00 196.02 21.45 301.60* 1,400.67 4.69 9.66 40.00 350.00 37.74 1,292.00 400.00 Date: 11/03/2006 Time: 09:07:43 Operator: JAL 40, # Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Vendor Alpha Name Description Dept Amount 0 NASH SALES, INC. RECYCLING DAY 0 PREFERRED ONE COMMUNIT PAYROLL WITHHOLDING 78169 TARGET COOKIES Total for Dept 462 SOLID WA SOLID WA SOLID WA 0 ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS FORESTRY 0 DELTA DENTAL PLAN OF M DENTAL INSURANCE FORESTRY 0 PREFERRED ONE COMMUNIT PAYROLL WITHHOLDING FORESTRY Total for Dept 463 0 SPRINGSTED, INC. ISSUANCE GEN OBLIG WATER DEBT SER 0 U. S. BANK FEES DEBT SER Total for Dept 470 0 0 78172 0 0 0 0 0 0 78165 0 0 0 78170 78171 • p 78172 0 0 0 0 0 0 0 0 0 0 0 78171 • ASSURANT EMPOLYEE BENS BLAINE, CITY OF M CIRCLE PINES POST OFFI DELTA DENTAL PLAN OF M HAWKINS INC. HILLESHEIM, TIM IMAGE PRINTING & GRAPH LEAGUE OF MINNESOTA CI NATIONAL WATERWORKS /HU NEXTEL COMMUNICATIONS NORTHERN WATER WORKS S PREFERRED ONE COMMUNIT RIVARD ELECTRIC COMPAN TDS METROCOM XCEL ENERGY ASSURANT EMPOLYEE BLAINE, CITY OF M CIRCLE PINES POST CONCRETE PRESSURE DELTA DENTAL PLAN HIT,T,FSHEIM, TIM HOME DEPOT CREDIT BENE OFFI LIFT OF M SERV LONG TERM DISABILITY INS 4TH QTR UTILITY BILLING UTILITY BILLING POSTAGE DENTAL INSURANCE TUBE /CHEMMICALS REIMBURSE CLOTHING ALLOW DOOR HANGERS CHAIN SAW TRAINING WATER METER PARTS MONTHLY SERVICE /SEPTEMBE STOP NUT PAYROLL WITHHOLDING STREET LIGHT REPAIR /WELL MONTHLY SERVICE /OCTOBER MONTHLY SERVICE /SEPTEMBE Total for Dept 494 INFRATECH TECHNOLOGIES PREFERRED ONE COMMUNIT RELINER /DURAN, INC. SYCOM, INC. TRI -STATE PUMP & CONTR W. W. GOETSCH ASSOCIAT WINNICK SUPPLY, INC. XCEL ENERGY 0 ANOKA COUNTY 0 C. W. HOULE, INC. LONG TERM DISABILITY INS 4TH QTR UTILITY BILLING UTILITY BILLING POSTAGE LIFT STATION #8 DENTAL INSURANCE REIMBURSE CLOTHING ALLOW BLADE /RIPPER /PLEDGE VAC LIFT PAYROLL WITHHOLDING PIPE BRACKET TRANSDUCER LEAKING VALVE MOTOR CLAMP /PIPE /ROD MONTHLY SERVICE /SEPTEMBE Total for Dept 495 WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER 200.00 201.96 26.96 3,963.68* 5.47 11.27 196.02 212.76* 42,555.76 1,035.00 43,590.76* 17.94 601.75 285.49 85.34 2,448.94 75.00 253.26 10.00 2,639.54 75.51 237.50 1,030.01 160.00 32.19 1,510.83 9,463.30* 17.93 1,341.00 285.48 850.00 53.12 74.99 1.07 1,560.00 677.82 1,145.73 4,573.96 115.00 3,548.58 129.40 786.58 15,160.66* 08- 31- 22- 11- 0055/18 -31 -2 OTHER 125.90 REPAIR CATCHBASINS OTHER 5,305.90 Date: 11/03/2006 Time: 09:07:43 Operator: JAL Page: 7 City of Lino Lakes FM Entry - invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount unt 0 E. G. RUD & SONS, INC. PREP /DRAFT EXHIBITS OTHER 1,292.00 0 NORTHERN ESCROW, INC. '05 SURFACE WATER /JAY BR OTHER 4,099.60 0 SHORT - ELLIOTT - HENDRICK GIS SERVICE /SEPTEMBER OTHER 68,731.72 0 T.A. SCHIFSKY AND SONS 2006 BIRCH STREET TRAIL OTHER 3,752.46 0 T.K.D.A. BIRCH STREET TRAIL /SEPTE OTHER 14,042.76 0 WILSON DEVELOPMENT SER ACQUISITION /RELOCATION 5 OTHER 1,390.88 Total for Dept 499 98,741.22* Grand Total 433,872.17* • Centennial Fire District Check Register 11/1/2006 • The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE CHECK# NAME 11/1/2006 15373 11/1/2006 15374 11/1/2006 15375 11/1/2006 15376 11/1/2006 15377 11/1/2006 15378 11/1/2006 15379 11/1/2006 15380 11/1/2006 15381 11/1/2006 15382 11/1/2006 15383 11/1/2006 15384 11/1/2006 15385 11/1/2006 15386 11/1/2006 15387 • • ACS Firehouse Solutions Anoka County Central Communications Anoka County GIS Department Batteries Plus David Bruder Glen Olson Kelly Demarest McLeod USA Mike T. Peterson Milo Bennett Nextel Office Depot Postmaster Randy T. Rolstad Verizon Wireless Total 1 of 1 - 18 - ACCOUNT 42180 - Office Supplies Expense 42205 - 800 MHZ User Fees 40100 - Logistical Expense 42000 - Vehicle Expense 42220 - Travel, Conf., Schools 42220 - Travel, Conf., Schools 42190 - Fire Prevention Supplies 42240 - Telephone 42220 - Travel, Conf., Schools 42220 - Travel, Conf., Schools 42240 - Telephone 42180 - Office Supplies Expense 42180 - Office Supplies Expense 42220 - Travel, Conf., Schools 42240 - Telephone AMOUNT 744.56 671.58 852.00 109.98 452.21 583.08 180.00 370.25 1,163.24 596.04 143.27 53.77 165.00 437.31 57.25 6,579.54 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 CITY COUNCIL WORK SESSION DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT DRAFT CITY OF LINO LAKES MINUTES OCTOBER 23, 2006 : October 23, 2006 . 5:36 p.m. . 6:30 p.m. : Councilmember Carlson, O'Donnell, Reinert, Stoltz and Mayor Bergeson : None Staff members present: City Administrator, Gordon Heitke; Community Development Director, Mike Grochala; City Engineer, Jim Studenski; Chief of Police, Dave Pecchia (part); Finance Director, Al Rolek (part); Associate Planner, Paul Bengtson (part) and City Clerk, Julie Bartell REGULAR AGENDA ITEMS Item 1B, Consider Approval of October 2, 2006 Council Work Session Minutes was removed from the agenda for action at a future Council meeting. Item 1E, Accept Donation of Charitable Gambling Proceeds in the amount of $1,000 from the Ladies Auxiliary of VFW Post 6583 to Assist with Annual Safety Camp Costs was moved to Item 8B under New Business. There were no other changes to the regular Council agenda. WORK SESSION AGENDA POLICY City Administrator Heitke advised staff was directed at the October 2, 2006 Council work session to place on the October 23 work session agenda the procedure for placing issues on work session agenda. At least two Council Members must request an item to be placed on a regular meeting agenda in addition to the items placed on the agenda by administration. This requirement has not always been followed for work session agenda. City Administrator Heitke stated staff is seeking clarification as to whether the requirement that at least two members must request an item to be placed on the meeting agenda for regular meetings also applies to work sessions. Council directed staff to draft a resolution outlining the requirement that at least two members must request an item to be placed on work session agendas. Action on the resolution will be taken at a future City Council meeting. 1 ,Drama CITY COUNCIL WORK SESSION OCTOBER 23, 2006 DRAFT 1 SILVERA MEMORIAL (REQUESTED BY O'DONNELL AND REINERT) 2 3 Council Member O'Donnell advised the City Council had previously given staff direction 4 to form a committee and draft a policy for naming a park after Officer Shawn Silvera. He 5 stated he would like to deal with that request under the current policy and still direct staff 6 to form a committee and draft a new policy. 7 8 Council Member O'Donnell also suggested the City rename City Hall Park after Officer 9 Silvera. He outlined his reasons that included City Hall Park is a very active park with 10 many children, the park has lots of space for a memorial, the park has good visibility and 11 is used year round. 12 13 Council Member O'Donnell stated if the Council is open to that idea staff could talk to 14 Mrs. Silvera about the idea and obtain her input. 15 16 Council directed staff to contact Mrs. Silvera regarding the possibility of renaming City 17 Hall Park after Officer Shawn Silvera. 18 19 The meeting was adjourned at 6:30 p.m. 20 21 These minutes were considered, corrected and approved at the regular Council meeting held on 22 November 13, 2006. 23 24 25 26 27 Julianne Bartell, City Clerk John Bergeson, Mayor 28 29 Transcribed by: 30 Kim Points 31 TimeSaver Off Site Secretarial, Inc. 32 2 COUNCIL MINUTES AGENDA ITEM 1C DRAFT OCTOBER 23, 2006 1 CITY OF LINO LAKES 2 MINUTES 410 3 4 DATE : October 23, 2006 5 TIME STARTED : 6:35 p.m. 6 TIME ENDED : 9:20 p.m. 7 MEMBERS PRESENT : Councilmember Carlson, O'Donnell, Reinert, 8 Stoltz and Mayor Bergeson 9 MEMBERS ABSENT : None 10 11 Staff members present: City Administrator, Gordon Heitke; City Attorney, Bill Hawkins; 12 Community Development Director, Michael Grochala; City Engineer, Jim Studenski; Finance 13 Director, Al Rolek (part); Associate Planner, Paul Bengtson; Chief of Police, Dave Pecchia (part); 14 and City Clerk, Julie Bartell 15 16 OPEN MIKE 17 18 No one was present for open mike. 19 20 SETTING THE AGENDA 21 22 Item 1B, Consider Approval of October 2, 2006 Council Work Session Minutes was removed from 23 the Consent Agenda. 24 25 Item 1E, Accept Donation of Charitable Gambling Proceeds in the Amount of $1,000 from the Ladies 26 I Auxiliary of VFW Post 6583 to Assist with Annual Safety Camp Costs was moved to Item 8B under 27 New Business. 28 29 Turtle Triathlon Donation Presentation was added under Special Presentations. • 30 31 Resolution No. 06 -173, Accepting Donation from Turtle Triathlon was added to the Consent Agenda. 32 33 The agenda was approved as amended. 34 35 SPECIAL PRESENTATIONS 36 37 Presentation on Centennial School District Highlights, 2005 -2006 and Initiatives for 2006 -2007, 38 Roger B. Worner, Superintendent of Schools — Mr. Roger Worner, Superintendent of Schools, 39 came forward and updated the City Council on the 2005 -2006 Centennial School District highlights. 40 A copy of the Centennial Schools Stockholders Report was distributed. He thanked City 41 Administrator Heitke as well as all City staff for their help and support. 42 43 Mr. Womer reviewed the Centennial School District No. 12 Fact Sheet and well as the District's 44 initiatives for 2007 -2008. He noted the student's achievement scores are well above the national 45 average. He thanked the City Council for the opportunity to speak to them this evening. 1 • COUNCIL MINUTES DRAFT OCTOBER 23, 2006 1 2 Turtle Triathlon — Lieutenant Scott McGuire came forward and stated the Turtle Man Triathlon has 3 gone through the City of Lino Lakes for many years. The reserve officers handle the event. 4 5 Mr. Mark Songhum, Committee Member, came forward and stated the Committee has enjoyed a 6 good working relationship with the City of Lino Lakes for many years. He presented t -shirts and 7 running caps to the City Council and presented a medal to Lieutenant McGuire. He also presented a 8 donation check to the City of Lino Lakes in the amount of $5,600. 9 10 It was noted that next year would be the 25th year of the Turtle Triathlon. The event has always been 11 a very safe and that is due to the City's officers that help with the event. 12 13 Resolution No. 06 -173, Accepting Donation from Turtle Triathlon was added to the Consent Agenda. 14 15 CONSENT AGENDA 16 17 Council Member Stoltz moved to approve the Consent Agenda, as amended. Council Member 18 Reinert seconded the motion. Motion carried unanimously. 19 20 ITEM ACTION 21 22 Consideration of Expenditures: 23 24 October 23, 2006 (Check No. 77905 - 25 78141, $918,893.78) Approved 26 27 28 October 9, 2006 City Council Meeting 29 Minutes Approved • 30 31 September 25, 2006 City Council Meeting 32 Minutes Approved 33 34 Resolution No. 06 -174, Authorizing Certification 35 Of Delinquent Water and Sewer Utility Charges for 36 Collection with the 2006 Property Taxes Payable in 37 2007 Approved 38 39 Application for Exempt Permit for St. Joseph's 40 Catholic Church to Conduct Raffle at the 41 Annual Venison Feed, November 22, 2006 Approved 42 43 Application for Exempt Permit for St. Joseph's 44 Catholic Church to Conduct Annual Turkey Bingo 45 Event, November 21, 2006 Approved 2 • COUNCIL MINUTES OCTOBER 23, 2006 DRAFT 1 2 Resolution No. 06 -171, Approving Final Pay •3 Request, 2005 Surface Water Management Project Approved 4 5 Resolution No. 06- 173,Accepting Donation from Turtle 6 Triathlon in the Amount of $5,600 Approved 7 8 FINANCE DEPARTMENT REPORT, AL ROLEK 9 10 Consideration of Resolution No. 06 -175, Awarding the Sale of $3,025,000 General Obligation 11 Capital Improvement Plan Refunding Bonds, Series 2006E, Al Rolek — Finance Director Rolek 12 advised on September 25, 2006, the City Council approved Resolution No. 06 -147 calling for the 13 issuance of $3,025,000 G.O. Capital Improvement Plan Bonds to finance acquisition of the City Hall 14 and Police Department portions of the Civic Center Complex from the Lino Lakes EDA. 15 16 Consideration of Resolution No. 06 -176, Awarding the Sale of $1,745,000 General Obligation 17 water Revenue Refunding Bonds, Series 2006F, Al Rolek — Finance Director Rolek advised on 18 September 25, 2006, the City Council approved Resolution No. 06 -148 calling for the issuance of 19 $1,745,000 G.O. Water Revenue Refunding Bonds to refinance the outstanding balance of the G.O. 20 Water Revenue Bonds 1996B. 21 22 Finance Director Rolek stated bids for these issues were received earlier today and Terri Heaton of 23 Springsted is here to present the results of the bidding process. 24 25 Ms Terri Heaton, Springsted, came forward and reviewed the bids for both of the bonds noting the 26 low bidders. Based on the bids, the City will save more dollars than originally anticipated. 27 28 Council Member Carlson moved to approve Resolution No. 06 -175, as presented. Council Member 29 O'Donnell seconded the motion. Motion carried unanimously. 30 • 31 Council Member Reinert moved to approve Resolution No. 06 -176, as presented. Council Member 32 Stoltz seconded the motion. Motion carried unanimously. 33 34 Ms. Heaton presented the City with a plaque commemorating the City's recent upgrade in its bond 35 rating. She outlined what the upgrade means to the City in terms of tax savings to citizens. The 36 upgrade saved the City approximately $60,000 just this past year. She read Moody's report relating to 37 the City and its upgrade. She congratulated the City as well as City staff on the City's rapid upgrades 38 in bond ratings. 39 40 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 41 42 Hire Terina Peterson as Part -Time CSO — City Administrator Heitke advised the promotion of 43 William Owens to the position of police officer has left a vacancy in the Community Service Officer 44 (CSO) program. Terina Peterson has been acting on a temporary basis as CSO for approximately six 45 months. It is staffs recommendation to offer this part-time position to Ms. Peterson. 3 • COUNCIL MINUTES DRAFT OCTOBER 23, 2006 1 2 Council Member O'Donnell moved to offer Terina Peterson the position of part-time Community 0 3 Service Officer, as presented. Council Member Carlson seconded the motion. Motion carried 4 unanimously. 5 6 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 7 8 Authorize Execution of Centennial School District Agreement for Youth Resource Officer for 9 2006 -2007 School Year — Chief Pecchia stated the Lino Lakes Police Department is requesting that 10 the Lino Lakes City Council renew the Youth Resource Officer Service Agreement with the 11 Centennial School District for the 2006/2007 school year. 12 13 Council Member Carlson moved to renew the Youth Resource Officer Service Agreement with the 14 Centennial School District, as presented. Council Member Stoltz seconded the motion. Motion 15 carried unanimously. 16 17 Proclamation in Support of Recognizing October as Crime Prevention Month in the City of 18 Lino Lakes — Chief Pecchia stated staff is requesting that the City Council acknowledge the Crime 19 Prevention Month Proclamation in support of recognizing October as Crime Prevention month in the 20 City of Lino Lakes. 21 22 Chief Pecchia reviewed crime prevention activities within the Police Department and read the 23 Proclamation. 24 25 Council Member Reinert moved to approve the Crime Prevention Month Proclamation in support of 26 Crime Prevention Month, as presented. Council Member Carlson seconded the motion. Motion 27 carried unanimously. 28 29 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER S30 31 There was no report from the Public Services Department. 32 33 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 34 35 Consideration of Resolution No. 06 -177, Amending PUD Final Plan for Lakewood Apartments 36 - Legacy at Woods Edge, Paul Bengtson — Associate Planner Bengtson stated on October 24, 2005 37 the City Council approved Resolution No. 05 -161, which approved the PUD Final Plan for the 38 Lakewood Apartments. Lakewood Apartments is a mixed use building consisting of first floor 39 commercial with apartments also on a portion of the first floor, and the floors above. 40 41 Associate Planner Bengtson advised Hartford Group Inc. has requested to make some changes to the 42 Lakewood Apartments project to address some issues that have come up while creating construction 43 documents for the project. They are proposing the following changes: 44 4 • COUNCIL MINUTES DRAFT OCTOBER 23, 2006 1 • Alter the elevations by removing the balconies and `balconettes' in favor of slider 2 windows. 3 • Add a third color to the palette 4 • A revised central element to address the condition of approval requiring such. 5 6 Associate Planner Bengtson provided the staff analysis of the requested changes noting Hartford 7 Group Inc. has submitted revised elevations and revised architectural renderings of the elevation. 8 9 Mr. Frank Jaynes, representative of Hartford Group Inc., came forward and outlined the reasons for 10 requesting the elimination of the balconies from the plan including budget constraints that may cause 11 the project to be eliminated completely. 12 13 Mayor Bergeson moved to approve Resolution No. 06 -177, as presented. 14 15 Motion failed due to lack of a second. 16 17 Council Member Reinert moved to table Resolution No. 06 -177 to the November 13, 2006 City 18 Council meeting. Council Member O'Donnell seconded the motion. 19 20 The Council suggested a discussion of what other options may be available to add to the design and 21 look of quality to the building in the absence of the balconies be held at the next Council work 22 session. 23 24 After much discussion, Mayor Bergeson called for a short recess at 8:33 p.m. 25 26 Mayor Bergeson reconvened the meeting at 8:50 p.m. 27 28 Mayor Bergeson advised staff has requested delay of action on this item until the end of the meeting. 29 a30 31 Council Member Reinert, maker of the motion, agreed to delay action of this item. 32 Consider Resolution No. 06 -178, Accepting Quotes and Awarding Contract, 2006 Boulevard 33 Tree Planting, Marty Asleson — Community Development Director Grochala advised quotes for the 34 2006 Boulevard Tree Planting project were received and publicly opened on October 13, 2006. The 35 low bid was received from Midwest Landscapes in the amount of $12,611.00. The funding for 36 boulevard tree planting is provided by developer escrow funds. 37 38 Council Member Carlson moved to approve Resolution No. 06 -178, as presented. Council Member 39 O'Donnell seconded the motion. Motion carried unanimously. 40 41 Adopting Assessments, Jim Studenski 42 43 Consideration of Resolution No. 06 -163, Adopting Special Assessments for Individual Utility 44 Connections — City Engineer Studenski stated staff has received requests from several property 45 owners to connect to City utilities. Each resident has submitted a signed waiver, which waives their 5 • rxmov COUNCIL MINUTES DRAFT OCTOBER 23, 2006 1 rights to a hearing and waives their rights to appeal under the Lino Lakes City Charter and/or 2 Minnesota Statute 429 provided that the assessment associated with the improvement is levied against 0 3 their properties. The City is prepared to adopt the assessments for the individual properties that 4 requested connection to City utilities. 5 6 Council Member O'Donnell moved to approve Resolution No. 06 -163, as presented. Council 7 Member Reinert seconded the motion. Motion carried unanimously. 8 9 Consideration of Resolution No. 164 to 170, Adopting Special Assessments for Developer and 10 Improvement Projects — City Engineer Studenski noted a list of development projects that are 11 substantially complete, and therefore City staff is prepared to adopt the assessments accordingly. 12 Each developer has reviewed and approved the assessments, respectively. 13 14 Council Member Stoltz moved to approve Resolution No.'s 06 -165 to 06 -170, as presented. Council 15 Member Carlson seconded the motion. Motion carried unanimously. 16 17 UNFINISHED BUSINESS 18 19 There was no Unfinished Business. 20 21 NEW BUSINESS 22 23 Consider Approval of October 9, 2006 City Council Meeting Minutes (a portion of the meeting 24 was closed) Council Member Reinert was absent — Council member O'Donnell moved to approve 25 October 9, 2006 City Council Meeting Minutes, as presented. Council Member Carlson seconded the 26 motion. Motion carried with Council Member Reinert abstaining. 27 28 Accepting Donation from Ladies Auxiliary VFW Post 6583 to Defray Cost of Annual Safety 29 Camp, Julie Bartell — City Clerk Bartell advised the Ladies Auxiliary VFW Post 6583 had made a . 30 contribution to the Centennial Fire District to defray the cost of the annual Safety Camp. In 31 remaining consistent with past practice, staff's recommendation is for the Council to accept the 32 donation of charitable gambling proceeds from the Ladies Auxiliary of the VFW Post 6583 in the 33 amount of $1,000 and authorize the issuance of a check in the amount of $1,000 to the Centennial 34 Fire District to be used for the annual Safety Camp. 35 36 Council Member Carlson moved to accept the donation of charitable gambling proceeds from the 37 Ladies Auxiliary of VFW Post 6583 in the amount of $1,000 and authorize the issuance of a check in 38 the amount of $1,000 to the Centennial Fire District to defray the cost of the annual Safety Camp, as 39 presented. Council Member Stoltz seconded the motion. Motion carried unanimously. 40 41 COMMUNITY CALENDAR OCTOBER 24 THROUGH NOVEMBER 13, 2006: 42 43 City Council Work Session, Monday, November 6, 2006, 5:30 p.m. 44 45 Park Board Meeting, Monday, November 6, 2006, 6:30 p.m. 6 • • • COUNCIL MINUTES DRAFT OCTOBER 23, 2006 1 2 Planning and Zoning Board Meeting, Wednesday, November 8, 2006, 6:30 p.m. 3 4 City Council Meeting, Monday, November 13, 2006, 6:30 p.m. 5 6 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 7 8 Continuation of Resolution No. 06 -177, Amendment to the Planned Unit Development — Final 9 Plan — Community Development Director Grochala advised the only alternative to the action this 10 evening is to move forward with possible options to replace the balconies that is budget neutral. 11 12 Mr. Jaynes advised the noise ratings on the freeway side of the project would have exceeded what is 13 allowed and either the balconies would have had to be removed or more expensive doors would have 14 had to be installed. He indicated Hartford would try to come up with alternatives to the balconies and 15 present those at the next Council work session. 16 17 Council Member Reinert suggested the Council move forward with the two other elements included 18 in the requested changes. 19 20 Mr. Jaynes agreed to move forward with the other requested changes. 21 22 Council Member Reinert withdrew the motion to table this item. Council Member O'Donnell 23 withdrew the second of the motion. 24 25 Council Member Reinert moved to approve Resolution No. 06 -177, excluding the requested change 26 in regard to altering the elevations by removing the balconies and `balconettes' in favor of slider 27 windows. Council Member O'Donnell seconded the motion. Motion carried unanimously. 28 29 Council Member Reinert moved to table the issue of the removal of the balconies for action on the 30 November 13, 2006 City Council meeting. Council Member Stoltz seconded the motion. 31 32 City Attorney Hawkins advised the City could post a special meeting on the November 6 Council 33 work session if this issue is resolved and the Council would like to take action at that meeting. 34 35 Motion carried with Mayor Bergeson voting nay. 36 37 Council Member Stoltz moved to direct staff to post a special meeting on November 6, 2006 if 38 Council action is necessary at that meeting. Council Member Reinert seconded the motion. Motion 39 carried unanimously. 40 41 ADJOURN 42 43 There being no further business, Council Member Carlson moved to adjourn at 9:20 p.m. Council 44 Member Stoltz seconded the motion. Motion carried unanimously. 45 7 COUNCIL MINUTES OCTOBER 23, 2006 DRAFT 1 These minutes were considered and approved at the regular Council Meeting, November 13, 2006. 2 �3 4 5 6 Julianne Bartell, City Clerk John Bergeson, Mayor 7 8 Transcribed by: 9 Kim Points 10 TimeSaver Off Site Secretarial, Inc. 11 • 8 • 411/ AGENDA ITEM 1D • STAFF ORIGINATOR: Julie Bartell, City Clerk DATE: November 13, 2006 TOPIC: Approve Application for Blue Heron Elementary PTO to Conduct Excluded Bingo VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: Under Minnesota Statute 349.166, excluded bingo may be conducted by an organization that conducts four or fewer bingo occasions in a calendar year, or in connection with a county fair, the state fair, or a civic celebration if it is not conducted for more than 12 consecutive days. Blue Heron Elementary holds only this one gambling event. The Blue Heron Elementary PTO is requesting approval to hold its 3rd annual "Back to School Family Bingo Night ". This "Turkey Bingo" event will be held at Blue Heron Elementary School, 405 Elm Street, on Thursday, November 16, 2006. There is no license fee involved and there will be no charge to play bingo. City policy requires a background investigation each time a permit or license application is received. The Lino Lakes Police Department conducted an investigation and found no reason to deny the application. The application, a certificate of non - profit status from the Secretary of State's office and the results of the background check are on file in the city clerk's office. OPTIONS: 1. Approve the request to conduct the bingo event. 2. Deny the request. RECOMMENDATION: Option No. 1 • • AGENDA ITEM 3A STAFF ORIGINATOR: Gordon Heitke, City Administrator MEETING DATE: November 13, 2006 TOPIC: Consider Resolution No. 06 -179 regarding Council work session agenda VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: At the October 23, 2006 work session the process for placement of items on council agendas was discussed. The Council reviewed the current policy that allows addition of items on regular council agendas when the request is made by two council members. A similar policy for work session agendas was requested. A resolution setting forth a requirement that at least two Council Members must request an item to be placed on a regular agenda in addition to the items placed on the agenda by administration is attached. OPTIONS: 1. Approve Resolution No. 06 -179 regarding placement of items on the council work session agenda; 2. Deny approval of Resolution No. 06 -179. • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -179 RESOLUTION REGARDING PLACEMENT OF ITEMS ON COUNCIL WORK SESSION AGENDA Whereas, the City Council currently has a policy that allows placement of items on the regular council agenda if requested by two council members; Whereas, the City Council wishes to affirm a similar policy for the council work session agendas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: That the City Council hereby adopts a policy requiring that at least two Council Members must request an item to be placed on a council work session agenda in addition to the items placed on the agenda by administration John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 13th day of November, 2006. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: • STAFF ORIGINATOR: MEETING DATE: TOPIC: AGENDA ITEM 6.A Paul Bengtson November 13, 2006 Resolution 06 -183 Amendment to the Planned Unit Development - Final Plan Lakewood Apartments BACKGROUND On October 24, 2005 the City Council approved Resolution 05 -161 (attached, with exhibits) which approved the PUD Final Plan for the Lakewood Apartments. Lakewood Apartments is a mixed use building consisting of first floor commercial with apartments also on a portion of the first floor, and the floors above. On October 23, 2006 the City Council approved Resolution 06 -177 which approved an amendment to the PUD Final Plan for the Lakewood Apartments. This amendment included adding a third color to the palette for the building and a revised central element to address a condition of Resolution 05 -161. Hartford Group Inc. also requested to amend the PUD Final Plan to allow the removal of the balconettes that were depicted on the elevations approved as part of the original submittal. ANALYSIS Staff has worked closely with Hartford Group on the elevations of this project. Since balconettes are not a requirement of the Lino Lakes Town Center Design and Development Guide, staff does not believe that removal of the balconettes compromises the architectural integrity of the building. Staff considers the change a positive one considering the mixed use (residential and commercial) nature of this building, and the fact that balconettes are not usable as balconies. PLANNING AND ZONING BOARD The Planning and Zoning Board unanimously recommended approval of this request at the October 11, 2006 regular meeting. RECOMMENDATION Staff recommends the adoption of Resolution 05 -161 approving the amendment to the Planned Unit Development Final Plan for the Lakewood Apartments. ATTACHMENTS 1. Resolution 06 -183 . 2. Hartford Group memo dated October 31, 2006 3. Architectural Rendering submitted October 31, 2006 • Council Member Lakewood Apartments, page 2 introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06-183 RESOLUTION AMENDING THE PLANNED UNIT DEVELOPMENT — FINAL PLAN FOR THE LAKEWOOD APARTMENTS WHEREAS, on October 24, 2005 the City adopted Resolution 05 -161 approving a planned unit development final plan for the Lakewood Apartments. ;and WHEREAS, the City has received an application to amend the planned unit development — final plan approval for the Lakewood Apartments project on the parcel described as: Lot 1, Block 1, THE VILLAGE NO. 4 ;and WHEREAS, the amendment approval request is based on the following submittals: 1. Lakewood Apartments Elevations, submitted October 5, 2006. 2. Lakewood Apartments Architectural Renderings, submitted October 31, 2006. ;and • WHEREAS, at their meeting on October 11, 2006, the Planning & Zoning Board recommended approval of the planned unit development — final plan amendment. ;and WHEREAS, the proposed planned unit development — final plan amendment meets the requirements of the City's zoning ordinance, subdivision ordinance, the Lino Lakes Town Center Design and Development Guide, and the conditions of approval listed in Resolution 05 -161. NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the planned unit development — final plan amendment for the Lakewood Apartments subject to the following conditions: 1. With the exception of condition number 10, which was satisfied by Resolution 06 -177, the conditions of approval of Resolution 05 -161 shall continue to apply to this project. Passed by the Lino Lakes City Council this 13ih day of November 2006. John J. Bergeson. Mayor Al1hST: Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 13th day of November, 2006. The motion for the adoption of the foregoing resolution was duly seconded by Council Member following voted in favor thereof: • The following voted against same: Whereupon said resolution was declared duly passed and adopted. - 3 3 - and upon vote being taken thereon, the HARTFORD REAL ESTATE DEVELOPMENT • ARCHITECTURE • ENGINEERING • MANAGEMENT • MEMO • • October 31, 2006 TO: Mary Alice Divine — City of Lino Lakes FROM: Frank Janes, General Counsel RE: Lakewood Apartments — Legacy at Woods Edge On Monday October 23, 2006, the City Council considered our request to amend the PUD Final plan for Lakewood Apartments. Discussion at the meeting centered on the removal of the small balconettes from the exterior elevation of the building. For the past several months, Hartford has been working with MHFA, which is providing the tax credit and mortgage financing for the project, and our general contractor to value engineer and trim construction costs for this project. Given today's rising construction costs and the affordable nature of the rental units, margins for the project are thin. However, Hartford remains committed to preserving the building's overall architectural integrity. During this time, MHFA indicated its concern as to the lack of usability and the potential for unsightly storage on the balconettes. Given these comments, it seemed appropriate to both address MHFA's concerns and provide for some cost savings by removing the balconettes from the design. I would like to emphasize that that existing building architecture is of high quality and the cost savings realized in removing the balconettes is more than offset by the additional cost of the inset windows required by the Woods Edge design standards. Hartford has also added an additional color to the palate to further accentuate the movement of building's "bays ", and has created a distinct central building element to front the roundabout. The Council tabled the matter and requested that we attempt to provide some additional architectural detail to the building. I stated that we would try to address this request, but that any design change would have to be cost neutral to the project, given the already high construction costs involved. Since then, our architects have looked at a number of possibilities, including shutters, window boxes /planters, decorative coins, and additional colors. However, we feel these options are not suitable with the building's architectural characteristics, or added additional costs. We also considered retaining a few of the balconettes, but MHFA prefers the units be treated equally. Accordingly, we respectfully request that our original proposal be considered by the Council at the work session to be held on November 6, 2006. Overall, we believe the project will provide a worthy addition to the Woods Edge development. To that end, I attach a new 3- dimensional color rendering of the central and southwesterly elevation (across from the park) that shows more clearly the movement and presentation of the building as compared to the 2- dimensional drawings previously provided. Please note that there are a few additional changes that still need to be incorporated into this new rendering, and I will bring an enlargement of the final product to the meeting on November 66 Thank you. 7900 Xerxes Avenue South • Suite 1300 • Bloomington, MN 55431 • 952- 838 -2400 (P) • 952- 838 -2401 (F) • www.hartfordgro.com Ir • nn M111fUlilill 1NIII111i 1111 llll�llfl11111 1111 i;idG1111111°11 IIINIIIIIIIIIII� )1f(r'!III 'U�9H lrl�i� � Rwlr■� I. : , � ► ilfi f�,EALIZIlII:ZI''�' ' d iill —, 4. LorEB `; 7 /41111 V -"`i r,n v,z d',.df rill = K 1 ,T;@$ J Dili. dt.t ! P. „,i.1 - -'1 I :- miii1!- =l/ in==a==m1==111 =n��I_a '= = u= _=u = =1 �o�u_ o IPUIINIIIPOIIIUIWMEININII _u= I®t— It ®t-. —fi amimimilINCI•■■••=0.mr11111 Ma tl_=Mt= = an =I ■__ 7tiC. 7111111 .2.11 ®1= Ord ..i. • • STAFF ORIGINATOR: CC MEETING DATE: TOPIC: AGENDA ITEM 6.B Paul Bengtson November 13, 2006 PUBLIC HEARING: 1st Reading of Ordinance 13 -06 Vacation of drainage and utility easements Outlot B The Village No. 3 Legacy Townhomes 2nd Addition Hartford Group, Inc. VOTE REQUIRED: 4/5 BACKGROUND The Hartford Group, Inc. previously platted this lot with drainage and utility easements for ponding areas on both the north and south sides of the site. Since that time the Legacy Townhomes PUD final plan was approved and minor deviations from the original ponding layout have caused the need to alter the layout of the ponding. The applicant will dedicate new drainage and utility easements in conjunction with the Final Plat of the site which will follow the second reading of this request on the November 27th agenda. ANALYSIS For clarification purposes staff has recommended to the applicant to vacate the existing easements and with the final plat for the Legacy Townhomes 2nd Addition, a blanket drainage and utility easement will cover the entire `outlot' area surrounding the lots of the townhome units. RECOMMENDATION Staff recommends approval of this request. ATTACHMENTS • Ordinance No. 13 -06 • • • Council Member Legacy Townhomes 2nd Vacation, page 2 moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 13-06 AN ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENTS FROM OUTLOT B THE VILLAGE NO. 3 PLAT (LEGACY TOWNHOMES 2ND ADDITION). The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1 Findings The City Council makes the following findings regarding the application to vacate a portion of public right -of -way and existing street and utility easements: 1. The Hartford Group, Inc., the owners of property adjacent to Lois Lane legally described as Outlot B The Village No. 3 has requested the City Council to vacate an the drainage and utility easements as recorded on the Village No. 3 plat according to law. 2. A public hearing was held on November 13, 2006 before the City Council in the city hall on such request after due published and posted notice had been given, as well as personal notice to affected property owners by the clerk on October 23, 2006 and all persons interested were given an opportunity to be heard; 3. The applicant is dedicating to the public, as part of the Final Plat for Legacy Townhomes 2nd Addition all necessary drainage and utility easements; 4. It appears that it will be in the best interest of the city to approve such request Section 2 Such request is hereby granted and that the Drainage and Utility Easement platted on Outlot B of The Village No.3 described as follows are hereby vacated: Those Drainage and Utility easements dedicated in the plat of THE VILLAGE NO.3, Anoka County, Minnesota, which lie within Outlot B said THE VILLAGE NO. 3. Section 3 That any person, corporation or city owning or controlling easements contained upon the property vacated reserves the right to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. Section 4 This ordinance shall be in force and effect upon its adoption and publication and in accordance with the Lino Lakes City Charter. Attest: Julianne Bartell, City Clerk John Bergeson, Mayor THE VfLI.AaE NO. 3 46.8TET '6 •wW Y *1 YI +.1 M VIM 1 W11m3-, N 0 I 1 d 3 0 X 3 Po+R1.60.O0N 4 4 J d . a +I 4 f1 NI \1 , 1 3`M. . 0 114,,,,, 4 4 d 4 r 4p r _ _ _ It A 1 litt \� \ ' 1 B t 1 i\ r• \ \` << • 8 ■ \0 n 1 ti 1 ■ ■ r. ■ ;<- ■ 1 i \ \ =';;;, • P- l,\ \V". f� i `fF`' 1 \L Aa31a _`. -J J C .W 'IC 1Y1+.s 1. , /WI, M 1w� I -4 biv I �T. ■ ■ \ ,. \\ 6 '`il\' Et.- `N 1 a 1 hy�t 11 1 1 Till 1 us . ',`,,!.2 i ': 41/11. ,''h ... 1 11 c.\'a �1 he n' `� 1 1 ■ s.t —.' ` 1 I f :e w ,1,- ``� ` 11- 1>ul -- 4 C1 7.1 Z • w • AGENDA ITEM 6C STAFF ORIGINATOR: Mary Alice Divine DATE: 011/13/06 TOPIC: i. Consideration of Resolution No. 06 -186 Approving the Assignment and Release of Certain Obligations under the Contract for Private Development with Hartford Development, Inc. ii. Consideration of Resolution No. 06 -187 Approving the Release of Obligations under the Contract for Subdivision /Planned Unit Development with Hartford Development, Inc. Vote Required: Simple Majority BACKGROUND: The City Council entered into a Contract for Private Development (amended September 13, 2005) and Contract for Subdivision /Planned Unit Development with the Hartford Group on December 21, 2004, setting forth the terms and conditions of redevelopment for Legacy at Woods Edge. Hartford Group plans to sell a portion of the development property to Avalon Homes, Inc., for the construction of Phase 1 of the townhome site and has asked to be released from the terms and conditions of those contracts as to the subject parcel. The city has approved the Phase 1 townhome site plan. This action releases the Hartford Group from the conditions that will be assumed by Avalon Homes, Inc. This release will be delivered upon approval of the site development agreement with Avalon Homes. The Economic Development Authority acted earlier this evening on the Contract for Private Development. The City of Lino Lakes is required to act on the release of both contracts. Both resolutions can be approved with one motion. OPTIONS: 1. Approve Resolution Nos. 06 -186 and 06 -187 Approving the Release of Obligations for the Contract for Private Development and the Contract for Subdivision /PUD the Resolutions. III2. Return to staff for further consideration. 0 RECOMMENDATION: Option 1 • • • • • CITY OF LINO LAKES RESOLUTION NO. 06-186 RESOLUTION APPROVING ASSIGNMENT AND RELEASE OF CERTAIN OBLIGATIONS UNDER CONTRACT FOR PRIVATE DEVELOPMENT BETWEEN THE LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF LINO LAKES AND HARTFORD DEVELOPMENT, INC. BE IT RESOLVED By the City Council ( "Council ") of the City of Lino Lakes, Minnesota ( "City ") as follows: Section 1. Recitals. 1.01. The Lino Lakes Economic Development Authority ( "Authority ") currently administers Development District No. 1 (the "Project)" pursuant to Minnesota Statutes, Sections 469.124 to 469.134 ( "Development District Act "). 1.02. The Authority, the City, and Hartford Development, Inc. (the "Developer ") entered into a into a Contract for Private Development dated December 20, 2004, as amended by a First Amendment thereto dated September 13, 2005 (the "Contract "), setting forth the terms and conditions of redevelopment of certain property within the Project, referred to generally as the Legacy at Woods Edge Project. 1.03. The Developer and Legacy Holdings -LL, LLC (the "Development Property Owner ") have determined need to assign certain obligations under the Contract to Avalon Homes, Inc. (the "Successor Developer "). 1.04. The Council has reviewed an Approval of Assignment and Release of Obligations under Contract for Private Development, Avalon Homes, Inc., between the Authority, the City, the Developer and the Successor Developer (the "Assignment "), and finds that the execution thereof is in the best interest of the City and its residents. Section 2. City Approval; Further Proceedings. 2.01. The Assignment as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Administrator, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The Mayor and City Administrator are hereby authorized to execute on behalf of the City the Assignment and any documents referenced therein requiring execution by the Authority, and to carry out, on behalf of the City its obligations thereunder. SJB- 270695v1 LN 140 -80 -40- • • 2006. Approved by the City Council of the City of Lino Lakes, Minnesota this 13th of November, ATTEST: City Clerk SJB- 267750v1 LN140 -80 2 - 4 1 - Mayor • • • CITY OF LINO LAKES RESOLUTION NO. 06-187 RESOLUTION APPROVING RELEASE OF OBLIGATIONS UNDER CONTRACT FOR SUBDIVISION/PLANNED UNIT DEVELOPMENT BETWEEN THE CITY OF LINO LAKES AND HARTFORD DEVELOPMENT, INC. BE IT RESOLVED By the City Council ( "Council ") of the City of Lino Lakes, Minnesota ( "City ") as follows: Section 1. Recitals. 1.02. The City and Hartford Development, Inc. (the "Developer ") entered into a into a Contract for Subdivision/Planned Unit Development dated December 21, 2004, and amended on September 13, 2005, (the "Subdivision Contract "), setting forth the terms and conditions of redevelopment of certain property referred to generally as the Legacy at Woods Edge Project. 1.02. The Developer and Legacy Holdings -LL, LLC (the "Development Property Owner ") have determined to convey one of the parcels subject to the Subdivision Contract to Avalon Homes, Inc. (the "Successor Developer "). 1.03. In connection with that conveyance, Developer seeks to be released from its obligations under the Subdivision Contract, subject to certain terms. 1.04. The Council has reviewed a Release of Obligations under Contract for Subdivision/Planned Unit Development, Avalon Homes, Inc., between the City, the Developer and the Successor Developer (the "Release ") and finds that the execution thereof is in the best interest of the City and its residents. Section 2. City Approval; Further Proceedings. 2.01. The Release as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Administrator, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The Mayor and City Administrator are hereby authorized to execute on behalf of the City the Release and any documents referenced therein requiring execution by the Authority, and to carry out, on behalf of the City its obligations thereunder. SJB- 270697v1 LN 140 -80 -42- • • • 2006. Approved by the City Council of the City of Lino Lakes, Minnesota this 13th of November, ATI EST: City Clerk SJB- 267750v1 LN 140 -80 2 - 4 3 - Mayor L Recital. 1.1 APPROVAL OF ASSIGNMENT AND RELEASE OF OBLIGATIONS UNDER CONTRACT FOR PRIVATE DEVELOPMENT AVALON HOMES, INC. The Effective Date of this Agreement is , 2006. 1.2 The Parties to this Agreement are the LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of Minnesota (the "Authority "), the CITY OF LINO LAKES, a Minnesota municipal corporation (the "City ") and HARTFORD DEVELOPMENT, INC., a Minnesota corporation (the "Master Developer ") and AVALON HOMES, INC., a Minnesota corporation ( "Successor Developer "). 1.3 The Authority, City and Master Developer are parties to a Contract for Private Development dated December 20, 2004, recorded December 29, 2004, as Document No. 1971748.006, in the Office of the Anoka County Recorder, as amended by a First Amendment thereto dated September 13, 2005 (the "Contract "). 1.4 Various real estate parcels are subject to the Contract and Successor Developer has entered into an agreement with Legacy Holdings -LL, LLC, an affiliate of Master Developer, to purchase certain of the parcels subject to the Contract for the purpose of developing townhomes (the "Townhome Development "). Such parcel is legally described as: Lots 1 -22, Block 1 and Outlot B, Legacy Townhomes at Woods Edge, Anoka County, Minnesota (the "Subject Parcels ") 1.5 In connection with the sale of the Subject Parcel, Master Developer has requested approval of an assignment of and a release from the terms and conditions of the Contract as to the Subject Parcel pursuant to Article VIII of the Contract. 1.6 Master Developer desires to assign, and Successor Developer desires to assume Master Developer's rights and obligations under the Contract with respect to the transferred Parcel. -44- 1.7 City has approved the Subject Parcel for use consistent with the proposed Townhome Development. On that basis, City and Authority are willing to approve an assignment of the Contract to Successor Developer and release Master Developer from the terms and conditions of the Contract subject to the terms and conditions of this assignment. THEREFORE, IT IS AGREED AS FOLLOWS: II. Agreement. 2.1 Master Developer hereby assigns, and Successor Developer hereby expressly assumes all of the rights and obligations of Master Developer under the Contract with respect to construction of townhomes on the Subject Parcel with a minimum market value of $4,330,200 (the " Townhome Improvements "). 2.2 The parties hereto agree and understand that the Townhome Improvements constitute a portion of the Owner- Occupied Housing Component of the Minimum Improvements under the Contract. 2.3 The Authority and the City hereby consent to and approve the assignment in sections 2.1 and 2.2 above. 2.2 From and after the effective date set forth above, Master Developer is released from its obligations under the Contract as to the Subject Parcel and as to the portion of the Owner- Occupied Component represented by the Townhome Improvements, subject to the following: (a) Master Developer remains liable under the Contract as to all other parcels subject to the Contract that are not released hereby or previously released, and as to all other provisions of the Contract. (b) Successor Developer agrees and understands that the Subject Parcel is subject to the Assessment Agreement between the Authority and Developer dated July 11, 2006 ( "Assessment Agreement "), setting a minimum market value for the Subject Parcel and the Townhome Improvements constructed thereon for the period described in the Assessment Agreement. (c) Satisfactory completion by Successor Developer of the Townhome Improvements will be considered satisfaction of Developer' s obligations as to a portion of the market value of Owner- Occupied Component under Section 4.3 of the Contract, such portion being the minimum value of $4,330,200 or the actual value upon completion, whichever is greater. However, nothing in this agreement will relieve Developer of its obligation to construct the remainder of the Owner- Occupied Component in accordance with the Contract. -451- This document drafted by: Hartford Group, Inc. (FAJ) 1300 Wells Fargo Plaza 7900 Xerxes Ave. S. Bloomington, MN 55431 (Remainder of Page Intentionally Left Blank) Dated: , 2006 LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of Minnesota STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA By Its President By Its Executive Director The foregoing instrument was acknowledged before me this day of , 2006 by and , the President and Executive Director of the Lino Lakes Economic Development Authority, on behalf of the Authority. [Separate Signature Page to Approval of Assignrnent and Release of Obligations Under Contract For Private Development] Dated: , 2006 CITY OF LINO LAKES, MINNESOTA, a municipal corporation under the laws of the State of Minnesota. STATE OF MINNESOTA ) ss COUNTY OF ANOKA By: Its: Mayor By: Its: City Clerk The foregoing instrument was acknowledged before me this day of 2006, by , the and , the of the City of Lino Lakes, Minnesota on behalf of said City. Notary Public [Separate Signature Page to Approval of Assignment and Release of Obligations Under Contract For Private Development] 1787796v2 7/7/05 -48- Dated: , 2006 HARTFORD DEVELOPMENT, INC., a Minnesota corporation By: Keith Gruebele Its: Chief Financial Manager STA E OF MINNESOTA ) ) ss COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 2006, by , the of Hartford Development, Inc, a Minnesota Corporation on behalf of said Corporation. Notary Public [Separate Signature Page to Approval of Assignment and Release of Obligations Under Contract For Private Development] Dated: , 2006 AVALON HOMES, INC., a Minnesota corporation By: Its: STA'IR OF MINNESOTA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2006, by , the of Avalon Homes, Inc, a Minnesota corporation on behalf of said corporation. Notary Public [Separate Signature Page to Approval of Assignment and Release of Obligations Under Contract For Private Development] -50- • • RELEASE OF OBLIGATIONS UNDER CONTRACT FOR SUBDIVISION/PLANNED UNIT DEVELOPMENT AVALON HOMES, INC. I. Recital. 1.1 The Effective Date of this Agreement is , 2006. 1.2 The Parties to this Agreement are City of Lino Lakes, Minnesota, a municipal corporation under the laws of the State of Minnesota ( "City "), Hartford Development, Inc., a Minnesota corporation ( "Master Developer ") and Avalon Homes, Inc., a Minnesota corporation ( "Successor Developer "). 1.3 City and Master Developer are parties to a Contract for Subdivision/Planned Unit Development relating to the Legacy at Woods Edge master development between Developer and the City with an effective date of dated December 21, 2004, and recorded December 29, 2004, as Document No. 1971748.007 in the Office of the Anoka County Recorder (the "Contract "). 1.4 Various real estate parcels are subject to the Contract and Successor Developer has entered into an agreement with Legacy Holdings -LL, LLC, an affiliate of Master Developer, to purchase certain parcels subject to the Contract for the purpose of developing residential townhomes (the "Townhome Development "). Such parcels are legally described as: Lots 1 -22, Block 1 and Outlot B, Legacy Townhomes at Woods Edge, Anoka County, Minnesota (the "Subject Parcels ") 1.5 In connection with the acquisition of the Subject Parcels, and pursuant to Section 18(G) of the Contract, Master Developer has requested that Master Developer, the Subject Parcels and the Successor Developer be released from the terms and conditions of the Contract as to the Subject Parcel. 1.6 The City has approved the Subject Parcels for use consistent with the proposed Townhome Development. As a condition of its approval, and prior to the commencement of any construction or land disturbance activity on the Subject Parcel, Successor Developer will enter • • into a Development or Site Performance agreement with the City, containing terms and conditions appropriately replacing the terms and conditions of the Contract. On that basis, City is willing to release Master Developer from the terms and conditions of the Contract subject to Master Developer's acknowledgement of its continuing obligations as to other parcels that remain subject to the Contract. II. Agreement. 2.1 agrees that: THEREFORE, IT IS AGREED AS FOLLOWS: Because City has approved the Townhome Development as set forth above, City (a) The Subject Parcels are released from the Contract and therefore the Contract no longer encumbers the Subject Parcels. (b) Successor Developer has no liability or obligations under the Contract; provided however, this Agreement does not release Successor Developer from its obligations to timely pay City fees and charges due in the ordinary course of development and building construction. 2.2 Successor Developer will commence and complete the Townhome Development as approved by the City and comply with the requirements of the Townhome Development or Site Performance Agreement. 2.3 From and after the effective date set forth above, Master Developer is released from its obligations under the Contract as to the Subject Parcel subject to the following: (a) Master Developer remains liable under the Contract as to all other parcels subject to the Contract that are not released hereby or previously released. This document drafted by: Hartford Group, Inc. (FAJ) 1300 Wells Fargo Plaza 7900 Xerxes Ave. S. Bloomington, MN 55431 (Remainder of Page Intentionally Left Blank) • Dated: , 2006 CITY OF LINO LAKES, MINNESOTA, a municipal corporation under the laws of the State of Minnesota. STATE OF MINNESOTA ) ) ss COUNTY OF ANOKA ) By: Its: By: Its: The foregoing instrument was acknowledged before me this day of 2006, by , the and , the • of the City of Lino Lakes, Minnesota on behalf of said City. Notary Public [Separate Signature Page to Release of Obligations Under Contract for Subdivision/Planned Unit Development] • • Dated: , 2006 HARTFORD DEVELOPMENT, INC., a Minnesota corporation • • By: Keith Gruebele Its: Chief Financial Manager STATE OF MINNESOTA ) ) ss COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day , 2006, by the Hartford Development, Inc, a Minnesota corporation on behalf of said corporation. Notary Public of of [Separate Signature Page to Release of Obligations Under Contract for Subdivision/Planned Unit Development] 4 - 54 - • • Dated: , 2006 AVALON HOMES, INC., a Minnesota corporation By: Its: STATE OF MINNESOTA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2006, by , the of Avalon Homes, Inc, a Minnesota corporation on behalf of said corporation. 1 Notary Public [Separate Signature Page to Release of Obligations Under Contract for Subdivision /Planned Unit Development] 5 -55- -56- • AGENDA ITEM 6D STAFF ORIGINATOR: Mary Alice Divine DATE: 11/13/06 TOPIC: First Reading of Ordinance 12 -06, Reconveying City owned land to the State of Minnesota Vote Required: Simple Majority BACKGROUND: On August 9, 2004 the city requested that Anoka County withhold from sale a tax forfeited parcel (see attached) so that the city could obtain the parcel for public purposes. The city wanted to retain this parcel for a well, but did not use the parcel for that purpose. An abutting landowner has inquired about purchase of that parcel. In order to make that property available for private purchase, the city must reconvey the land back to the State of Minnesota. Once that is complete the County will notify surrounding landowners and offer it at a private sale. 0 The city charter requires that disposal of any city property shall be done by ordinance. OPTIONS: 1. Approve the Reading of Ordinance 12 -06 reconveying the parcel back to the State of Minnesota 2. Do not approve the ordinance 3. Return to staff for further consideration RECOMMENDATION: Option 1 • • • CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 12 -06 AN ORDINANCE RECONVEYING A PARCEL OF LAND BY THE CITY OF LINO LAKES The City Council of Lino Lakes, Anoka County, Minnesota does ordain: I. The real property described as: Outlot F, D Erickson 2 °d Addition is owned by the City of Lino Lakes (the "City "). The city council of the City has determined that the Property is no longer needed by the City for any public purpose. II. The city council of the City authorizes reconveyance of the parcel to the State of Minnesota. The mayor and city clerk are hereby authorized and directed to execute any documents as may be necessary in order reconvey the Property in accordance with the requirements of the city charter. This ordinance shall be in full force and effect from and after 30 days following its passage and publication, in accordance with section 3.09 of the city charter. ATTEST: Julianne Bartell, City Clerk John Bergeson, Mayor BIRCH STREET - 5 9 - 1 H O_L LY • AGENDA ITEM 6Ei • • STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: November 13, 2006 TOPIC: Resolution No. 06 — 184, Approving Development Contract, Junes Addition Vote Required: Simple Majority BACKGROUND: The Junes Addition is located near the intersection of West Shadow Lake Drive and 62nd Street. The total assessed acres of the parcels are 1.37 acres. The lot splitting will create three parcels, one for the existing residence and two for new residences. The existing residence has connected to city utilities and has paid those assessments. In accordance with the preliminary plat approval and City policy, staff has prepared a Development Contract. The contract provides for the following: 1 Submittal by the developer of a Letter of Credit in the amount of $1,500.00 representing 150 percent of the development improvement costs and a Letter of Credit in the amount of $9,800.00 representing 35 percent of the City improvement costs to insure completion of the project in accordance with the approved plans. 2. Deposit of a cash escrow in the amount of $5,500 to reimburse the City for costs incurred by the City related to the development and improvements of the site. Wayne Junes has reviewed the contract and is aware of the conditions set forth. RECOMMENDATION: Staff recommends approval of Resolution No. 06 -184 for the Development Contract, Junes Addition. • adoption: Council Member introduced the following resolution and moved its • • CITY OF LINO LAKES RESOLUTION NO. 06 -184 RESOLUTION APPROVING DEVELOPMENT CONTRACT, JUNES ADDITION WHEREAS, the City Council approved a Prelimijnary Plat on July 12, 2004, and WHERAS, the City Council approved the 2nd Reading of Ordinance 06 -05 — Rezoning from Rural to R1 -X on July 26, 2004, and WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of a development contract, between the Developer and the City of Lino Lakes, prior to commencement of site construction activities and final plat to insure satisfactory completion of public improvements. NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves the Development Contract with Wayne Junes for Junes Addition and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 13th day of November, 2006. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • DEVELOPMENT CONTRACT Junes Addition THIS AGREEMENT made this 13th day of November 2006, is by and between the City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota, 55014, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City ", and Wayne Junes whose address is 559 62nd St, Lino Lakes, Minnesota 55014 hereinafter referred to as the "Developer ". WHEREAS, the Developer has received preliminary plat approval from the City Council for a plat of land within the corporate limits of the City known as Junes Addition, hereinafter called "Subdivision ", said land is legally described to -wit The South 650.00 feet of the East half of the West half of the Southwest Quarter of the Northeast Quarter of Section 32, Township 31, Range 22, Anoka County, Minnesota, EXCEPT the West 100.00 feet thereof, and EXCEPT the South 40.00 feet thereof; AND The South 650.00 feet of the West half of the East half of the Southwest Quarter of the Northeast Quarter of Section 32 Township 31, Range 22, Anoka County, Minnesota, EXCEPT the North 220.00 feet thereof, and EXCEPT the South 40.00 feet thereof; WHEREAS, the developer is splitting the above described land into three lots, one existing residence and two additional residences. WHEREAS, certain improvements to service the subdivision have been made by a previous development; and WHEREAS, the Developer is to be responsible for the installation and financing of certain private improvements within the subdivision; and WHEREAS, Minnesota Statute 429 provides a method for assessing the cost of City installed improvements to the benefited property. • • • Junes Addition Development Contract 11 -13 -2006 WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358 authorize the City to enter into a performance contract secured by cash escrow or other security to guarantee completion and payment of such improvements following final approval and recording of final plat; and herein, NOW, THEREFORE, in consideration of the mutual promises of the parties made IT IS AGREED BY AND BETWEEN THE PARI1ES HERETO: that the I. DESIGNATION OF IMPROVEMENTS A. Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer Improvements ". B. Improvements to be installed by the City and financed by the Developer are hereinafter referred to as "City Improvements ". II. DEVELOPER IMPROVEMENTS A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan, street and utility plan, and a surface water management plan. The Developer shall secure a contractor to install these improvements; said contractor shall be approved by the City at its ABSOLUTE discretion. All Developer Improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer will construct and install at Developer's expense the following improvements according to the following terms and conditions: 1. Grading Plan a) A final site grading plan, including certified wetland delineation, with maximum two -foot contours and cross sections as necessary has been submitted and approved by the City prior to commencement of any site grading. 2. Erosion Control Plan a) The Developer has submitted an erosion control plan, detailing all erosion control measures to be implemented during construction. Said plan has been approved by the City prior to the commencement of site grading or construction. page 2 - 6 3 - • • Junes Addition Development Contract 11 -13 -2006 3. Grading and Erosion Control Construction & Maintenance a) Prior to the commencement of site grading and erosion control, the Developer shall complete items II.A.1 and II.A.2 as listed above. b) All disturbed areas shall be seeded. c) Protect streets from erosion deposits. This should include a combination of roadside silt fences, roadside sod strips, catch basin rock bale inlet protection, rock construction entrances, straw mulch, and/or street sweeping. 4. The Developer shall place iron monuments at all lot and block comers and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot corner irons on the back property line shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the approved grading plan - guard stakes shall be appropriately installed to mark these irons. 5. The Developer shall promptly clear dirt and debris, within public right -of- ways, and drainage and utility easements, resulting from construction by the Developer, its purchasers, builders and contractors within five (5) days after notification by the City. The Developer or its assigns shall be responsible for all necessary street and storm sewer maintenance including street sweeping, storm sewer cleaning, ditch cleaning and pond dredging, resulting from the accumulation of said dirt and debris, until all Certificates of Occupancy are issued. 6. The Developer shall dedicate to the City, prior to approval of the final plat, at no cost to the City, all permanent or temporary easements necessary for the construction and installation of the Developer Improvements. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. 7. The Developer shall be responsible for securing all site grading and development approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction. 8. The Developer shall make provision that all gas, telephone, cable TV and electric utility designs be submitted to the City for review and approval prior to construction of the streets. Following review and approval by the City, the Developer shall insure that all installations comply with applicable City, page 3 - 6 4 - • Junes Addition Development Contract 11 -13 -2006 County and State design standards and show proof of security arrangements with said utility companies. 9. Cost of Developer Improvements and description are as shown on Attachment A. 10. Construction of Developer's Improvements: a) The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. c) Prior to the acceptance of Developer Improvements by the City, the Developer shall obtain final plat approval and record the final plat which will dedicate all permanent easements necessary for the construction and installation of the Developer and City Improvements as determined by the City. d) All construction debris and trash shall be properly disposed of at the Developer expense and in a timely manner as determined by the City. 11. Guarantee a) Faithful Performance of Construction Contracts and Letters of Credit (1) The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150 %) percent of the total estimated cost of Developer's Improvements. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and page 4 -65- • Junes Addition Development Contract 11 -13 -2006 construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail that the Letter of Credit will not be renewed. b) Reduction of Escrow Guarantee. (1) The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. Prior to the final acceptance of the Developer Improvements the City shall require a Performance Bond or Cash Escrow to cover the one -year warranty provisions of the agreement. The amount shall be determined by the City Engineer. • III. CITY IMPROVEMENTS • 1. Guarantee a) Faithful Performance of Construction Contracts and Letters of Credit 1. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (35 %) percent of the total estimated cost of City Improvements. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required City improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and page 5 -66- • • • Junes Addition Development Contract 11 -13 -2006 conditions of this contract. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail that the Letter of Credit will not be renewed. IV. RECORDING AND RELEASE A. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1 hereof. City shall provide to Developer upon payment of all the special assessments levied against a parcel, a release of such parcel from the terms and conditions of this Development Contract subject to provisions contained in this contract. V. REIMBURSEMENT OF COSTS A. The Developer agrees to establish a non - interest bearing escrow account with the City in an amount determined by the City Administrator or his designee for the payment of all costs incurred by the City related to the development of the Subdivision and the Developer Improvements including, but not limited to, the following (See Attachment B for breakdown of costs): 1. Plat Review Fee 2. Planner Review Fee 3. Administration - 3% Construction Cost 4. Engineering a) Administration 5. Legal - Plat Review 6. Publications 7. Park Dedication Fee 8. Tree Preservation Policy 9. Boulevard Tree Planting 10. Street - Storm Sewer - Pond Maintenance 11. Sealcoating Fund page 6 -67- • • • Junes Addition Development Contract 11 -13 -2006 12. Aerial Photo Recovery Cost B. If the above escrow amounts are insufficient, the Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow upon notice to the Developer, with suitable documentation supporting charge. VI. BUILDING PERMITS A. The Developer agrees that building permits may be issued upon approval of the Final Plat by the City Council at which time all required Financial Security shall be in place with the City. B. Each lot must comply with erosion control measures to prevent any material from leaving the lot. The City of Lino Lakes will not perform any requested inspections on the lot until it complies with the erosion control requirements. C. Each lot must have a City approved Certificate of Grading showing the as-built survey prior to an issuance of a Certificate of Occupancy. It shall be the responsibility of the Developer, its purchasers, builders or contractors to ensure compliance with the grading plan. VII. HOURS OF CONSTRUCTION ACTIVITY A. All construction activity shall be limited to the hours as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed VIII. OWNERSHIP OF IMPROVEMENTS A. Upon completion of the work and construction required by this contract and acceptance by the City, the improvements lying within the public easements shall become City property without further notice or action. IX. INSURANCE A. Developer or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of his subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no /l00 page 7 -68- • • • Junes Addition Development Contract 11 -13 -2006 ($500,000.00) Dollars for one person and One Million and no /100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less then Two Hundred Thousand and no /100 ($200,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no /100 ($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City sinning the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. X. REIMBURSEMENT OF COSTS FOR DEFENSE A. The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorneys' fees if the City prevails in such action. XI. VALIDITY A. If a portion, section, subsection, sentence, clause, paragraph or phrase in this contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. XII. GENERAL A. Binding Effect 1. The terms and provisions hereof shall be binding upon and insure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. B. Notices 1. Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. C. Final Plat Approval page 8 - 6 9 - • • • Junes Addition Development Contract 11 -13 -2006 1. The City agrees to give final approval to the plat of the Subdivision upon execution and delivery of this agreement and all required petitions, bonds, security, and documents. XIII. VIOLATIONS/BUILDING PERMITS A. In the event that Developer violates any of the covenants and agreements contained in this Development Contract and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set out hereunder may refuse to issue building permits and/or Certificate of Occupancies to any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. XIV. PARK DEDICATION A. Park dedication in an amount of $4,150 shall be paid by the Developer to the City for the two additional lots. XV. PROPERTY TAXES A. Should the recording of the Final Plat occur after July 1, any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility of the Developer. Dollars shall be incorporated into the escrow agreement to cover the cost of said property taxes. page 9 - 7 0 - • • • Junes Addition Development Contract 11 -13 -2006 DEVELOPER CITY OF LINO LAKES By Developer STA'1'L; OF MINNESOTA ) ) SS COUNTY OF ANOKA By Mayor ATTEST: By Clerk On this day of , 20_. before me, a Notary Public within and for said County, personally appeared (Mayor) and (Clerk), to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA Notary public On this day of , of 20 me, a Notary Public within and for said County, personally appeared (Developer), to me known to be the of , a corporation under the laws of the State of Minnesota, and that they executed the foregoing instrument and acknowledged that they/he executed the same on behalf of said corporation. Notary Public page 10 - 71 - • ATTACHMENT A SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Junes Addition 11 -13 -2006 NUMBER OF 2 (1 Exisiting, 2 REU's: Additional) APPLICANT: Wayne Junes ASSESSED AREA (ac.): 0.92 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 SITE GRADING Estimate e $0 2 EROSION CONTROL Estimate e $500 3 SITE ENGINEERING & SURVEYING Estimate e $500 4 LANDSCAPING Estimate e $0 6 STREET CONST. Estimate e $0 7 STORM SEWER CONST. A. Trunk Estimate e B. Lateral Estimate e C. Surface Water Mgmt. Charge (s.f.) $0.105 a $4,208 8 SANITARY SEWER CONST. A. Trunk Area Charge (ac.) $2,640 a $2,429 B. Trunk Credit C. Trunk Unit Charge (REU) $1,145 a $2,290 D. Front Footage ( 220 feet) $32.86 e $7,229 9 WATERMAIN CONST. A. Trunk Area Charge (ac.) $2,815 a $2,590 B. Trunk Credit C. Trunk Unit Charge (REU) $1,845 a $3,690 D. Front Footage (220 feet) $25.44 e $5,597 TOTALS: $1,000 $28,032 NOTE: • See Attachment B for security amounts to be posted. a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study ATTACHMENT A SUMMARY OF IMPROVEMENT COSTS 11 -13 -2006 DEVELOPER INSTALLED IMPROVEMENTS 0 PROJECT NAME: Junes Addition NUMBER OF 2 (1 Exisiting, 2 REU's: Additional) APPLICANT: Wayne Junes ASSESSED AREA (ac.): 0.92 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 SITE GRADING Estimate e $0 2 EROSION CONTROL Estimate b $500 3 SITE ENGINEERING & SURVEYING Estimate b $500 4 LANDSCAPING Estimate e $0 6 STREET CONST. Estimate e $0 7 STORM SEWER CONST. A. Trunk Estimate e B. Lateral Estimate e C. Surface Water Mgmt. Charge (s.f.' $0.105 a $4,208 8 SANITARY SEWER CONST. A. Trunk Area Charge (ac.) $2,640 a $2,429 B. Trunk Credit C. Trunk Unit Charge (REU) $1,145 a $2,290 D. Front Footage (220 feet) $32.86 e $7,229 9 WATERMAIN CONST. A. Trunk Area Charge (ac.) $2,815 a $2,590 B. Trunk Credit C. Trunk Unit Charge (REU) $1,845 a $3,690 D. Front Footage (220 feet) $25.44 e $5,597 TOTALS: $1,000 $28,032 $0 See Attachment B for security amounts to be posted. NOTE: a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study • ATTACHMENT B CITY FEES DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Junes Addition NUMBER OF REU's: ASSESSED AREA (ac.): SAPPLICANT: Wayne Junes ITEM NECESSARY IMPROVEMENTS 1 PLANNING /REVIEW A. Plat Review Fee B. Planner Review Fee 2 ENGINEERING A. Plan /Plat/Grading Review B. Preparation of Plans & Specs. C. Construction Services D. Construction Staking E. City Engineering 3 ADMINISTRATION A. Administration Fee - 3% of const. B. Legal C. Publications 4 DEVELOPMENT FEES A. Park Dedication B. Sealcoating Fee C. Aerial Photo Fee BOULEVARD TREE PLANTING 6 DEVELOPMENT SECURITIES A. Tree Preservation B. Street Lighting - installation C. Street Lighting - operation D. Traffic Signing E. Street, St. Swr., Pond Maint. F. Other - Property Tax, FEMA SUBTOTAL: Escrow Credit TOTALS: (05 BUDGET DEVELOPER COST NOTE IMP. (X) 3% of const. $2,075 /each N/A $90 /unit $465 /frontage $95 /unit N/A N/A N/A N/A N/A b b b b b b b a b b d a a b b b b b b b $0 $0 SECURITY AMOUNTS TO BE POSTED Att. A X = DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) $1,000 Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT; $28,032 Z = CITY FEE COSTS X 1.0 (CASH ESCROW) $0 NOTE a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer • 11 -13 -2006 2 (1 Exisiting, 2 Additional) 0.92 CITY ESCROW IMP. (Y) AMOUNT (Z) $0 $0 Att. B $0 $o $5,500 $100 $250 $100 $0 $500 $0 $300 $0 $100 $50 $4,150 $0 $180 $930 $190 $0 $0 $0 $150 $0 $7,000 $1,500 $5,500 Total $1,500 $9,800 $5,500 • AGENDA ITEM 6.E.ii STAFF ORIGINATOR: Paul Bengtson MEETING DATE: November 13, 2006 TOPIC: Resolution Number 06 -180 Final Plat Junes Addition BACKGROUND Wayne Junes has requested approval of a residential development called Junes Addition. The plat includes 3 residential lots. The subject property is located on the northeast corner of 62nd Street and West Shadow Lake Drive. The final plat generally conforms to the approved preliminary plat layout as approved by the City Council on July 12, 2004 with Resolution 04 -94. All of the conditions of approval from the preliminary plat have already been addressed, or will be addressed as part of the development agreement. The title commitments have been forwarded to the City Attorney for review and were found to be acceptable. The Planning and Zoning Board unanimously recommended approval at the October 11, 2006 regular meeting. RECOMMENDATION Staff recommends approval of the final plat for Junes Addition. ATTACHMENTS 1. Final Plat submitted April 28, 20 - 7 5 - • • • Junes Addition Page 2 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06-180 RESOLUTION APPROVING THE FINAL PLAT FOR JUNES ADDITION WHEREAS, a request has been submitted to the City for the approval of a final plat, and WHEREAS, review and approvals of plats are governed by state statutes and City ordinances, and WHEREAS, the preliminary plat for Junes Addition was approved with Resolution 04 -94 by the City Council on July 12, 2004 with conditions, and WHEREAS, the final plat for Junes Addition complies with City requirements and the conditions of Resolution 04 -94 have been satisfied. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby approves the final plat for Junes Addition Passed by the Lino Lakes City Council this 13th day of November 2006. John J. Bergeson, Mayor ATTEST: Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 13th day of November, 2006. 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O .. -_ - .sc.4.0.7 - ToEFt,-. ; • AGENDA ITEM 6.F STAFF ORIGINATOR: Paul Bengtson MEETING DATE: November 13, 2006 TOPIC: Golden Acre Ordinance 11 -06: • Rezone From Rural to R -1 Resolution Number 06 -181 • Variances for Lot Depth, Lot Width, and Lot Area • Variances for Side Setback (Lot 1) • Preliminary Plat • Allocation of 1 Acre of MUSA Reserve BACKGROUND Tim Anderson has requested approval of the Golden Acre plat. Much like Hailey Manor and Cavegn Estates previously, this project involves the redevelopment of an existing residential lot in the Mar Don Acres neighborhood into a total of four residential lots. The proposed plat would accommodate the existing dwelling on lot 1, another buildable lot fronting Lois Lane, and two buildable lots fronting Arlo Lane. To accommodate the development proposal, the following approvals are necessary: 1. Rezoning from R (Rural) to R -1 (Single Family Residential) 2. Preliminary plat 3. Variances Lot depth: 132' instead of 135' (all four lots); Lot width: 77.5 feet instead of 80 (lot 2); Lot area: 10,230 square feet instead of 10,800 square feet (lot 2); and Side Setback: 6.27 feet instead of 10 feet.(lot 1) 4. Allocation of 1 acre of MUSA reserve ANALYSIS The following is a summary of the proposal: Gross Site Area 1.11 acres Net Site Area 1 acre Total Lots 4 Gross Density 3.6 units /acre Net Density 4.0 units /acre • • Comprehensive Plan, Land Use and Zoning: The table below identifies the existing land use and zoning as well as guided land uses for the area. Location Existing Land Use Guided Land Use Existing Zoning Site residential Low Density Sewered Residential Rural North residential Low Density Sewered Residential R -1 South residential Low Density Unsewered Residential Rural East residential Low Density Sewered Residential Rural West residential Low Density Sewered Residential Rural Growth Management, MUSA Reserve: The City obtained additional MUSA allocation from the Met Council for all properties fronting on Lois Lane as part of the Hailey Manor project (east of this site) which is to be allocated with the preliminary plat and granted with the final plat. That is, the properties were not to receive MUSA until rezoned and platted. Growth Management, Units/Year: The table attached to this report shows the status of the staging plans for final platting new residential units. The three new units in Golden Acre would fit within the policy of 147 per year and so could be final platted in 2006. Rezoning The site currently is zoned R (Rural). In order for the urban-sized lots to be created, the site must be rezoned to an urban residential zone. As stated in the zoning ordinance: The Planning and Zoning Board shall consider possible adverse effects of the proposed amendment. Its judgment shall be based upon, but not limited to, the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. The site is currently guided for Low Density Sewered Residential and the application includes a request to allocate MUSA acreage to accommodate the project and with that approval the project would comply with the comprehensive plan. 2. The proposed use is or will be compatible with present and future land uses of the area. Bluebill Ponds to the north and Hailey Manor to the east both are zoned R -1 (Single Family Residential). The R -1 (Single Family Residential) zone allows lots of 10,800 sf, which would accommodate the majority of the Golden Acre lots, and would be consistent with adjacent urbanized development. The rest of the Mar Don Acres neighborhood will remain as larger lots unless further redevelopment occurs. Lot size alone does not create an automatically incompatible situation. -79- • 3. The proposed use conforms with all performance standards contained herein (in the ordinance). The new lots will conform to the R -1 standards in the zoning ordinance except for minor deviations in lot depth, lot width, and lot area. This will be resolved with approval of the variances (see below under "Lots "). 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Sanitary sewer and water are available being installed within Lois Lane with stubs set up for the two lots that are proposed. Sanitary sewer and water is already available within Arlo Lane for the site. The utilities are appropriately sized to handle the level of service necessary for the four lots within the proposed Golden Acre plat. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. The addition of 3 single family homes will not overburden the roadway system. Lois Lane has outlets to the east and west and Country Lane connects to 77th St. to the south. The current rezoning proposal would apply only to the property included in the Golden Acre plat. Future redevelopment of other properties within the area would require a rezoning and platting of such properties. Preliminary Plat Lots: The lots will be 132 feet in depth. The minimum lot depth in an R -1 zone is 135 feet. When the Mar Don Acres lots were platted, they were 294' deep. The 30' easement on the north edge, which now includes Arlo Lane, reduces the depth to 264'. Half of that is 132'. It is impossible to know why the extra six feet was not planned for when Mar Don Acres was platted. However, it is clear that the intent was to plan for a road on the north side, and a 30' easement was platted. The construction of Arlo Lane fulfilled that plan for a street. The City approval of the creation of Arlo Lane was an acknowledgement of the intent to provide the opportunity for the Mar Don Acres lot to subdivide. In order to fulfill this, the lots must be smaller than 135' in depth. The locations of Arlo and Lois Lanes prevent larger lots. It may be possible to add three feet onto one row of lots and make the other row 129', though the value of such a change is questionable. Therefore staff finds the minor deviation of less than 3% to be acceptable. Lot 2 will be 77.5 feet in width and consist of 10,230 square feet. The minimum lot width in an R -1 zone is 80 feet (though lots of 1.5 acres or more are allowed to be re- subdivided at a width of 75 feet) and the minimum lot size is 10,800 square feet. The existing home that will remain on lot 1 is the cause for this deviation. In order to provide an appropriate setback (the applicant has proposed 6.27 feet, which is explained in the Setback section below) the applicant is proposing to reduce the lot width and area of Lot -80- • • 2 so that the existing dwelling can remain on Lot 1. This is a reduction of 3% and 5% respectively; therefore staff sees this as an acceptable minor deviation of the code requirements. Setbacks: The applicant is proposing to deviate from the 10 foot side setback required for principal buildings in the R -1 zone. Considering the location of the existing dwelling; strict application of the 10 foot setback would limit Lot 2 to a width of 73.5 feet and an area of 9,702 square feet. Therefore the applicant is proposing a 6.27 foot side setback, which is slightly greater than the five feet that is required for accessory structure and will therefore maintain a minimum of ten feet separation between the existing dwelling and the home constructed on Lot 2. Considering this structure will exist when Lot 2 is developed, this reduction in setback will not have a negative effect on the surrounding properties. Streets: Arlo Lane, Lois Lane and Country Lane all are existing roads. No additional roads are being proposed. The existing road system can accommodate the traffic generated by the new homes. As part of the final plat, the developer must dedicate the Arlo Lane right of way. This will fulfill the intent of the City when Mar Don Acres was platted. Arlo Lane exists now, and the dedication is more of a formality. Park Dedication: The current subdivision ordinance includes park dedication in the amount of $2075 per residential unit, less any land dedication. There is no land dedication needed, as Highland Meadows Park is nearby. The park dedication will be $2,075 x 3 new home lots = $6,225. Utilities: Sanitary sewer and water is already in place in Arlo Lane and is being installed in Lois Lane presently. All of the proposed lots, including the existing home, must connect to utilities. Onsite septic systems must be abandoned according to law. In addition, existing wells likely will have to be capped because of proximity to new sanitary sewer lines. These and other issues discussed in the City Engineer review memo must be addressed to his satisfaction. Grading: The grading plan has been reviewed by the City Engineer and his comments will need to be addressed to his satisfaction prior to the site being developed. The plan is also subject to review and approval from the Rice Creek Watershed District. ENVIRONMENTAL BOARD The Environmental Board's comments requesting an infiltration area in the form of a rain garden have been addressed on the revised grading plan. The request for tree inventory /preservation plan will be required prior to any construction on the site. • • PLANNING AND ZONING BOARD The Planning and Zoning Board held a public hearing on this request at the October 11, 2006 regular meeting and unanimously recommended approval of the request subject to the conditions included below. RECOMMENDATION Staff is recommending approval of this request, subject to the following conditions: 1. All lots in the plat, including the existing home, must agree to connect to City utilities. The City will not approve the final plat without legally enforceable assurance that all properties will connect and existing onsite septic systems will be appropriately abandoned. 2. Existing wells shall be capped when required by Minnesota Dept. of Health requirements. 3. Issues discussed in the City Engineer review memo must be addressed to his satisfaction. 4. A development agreement between the city and the developer must be executed prior to the issuance of any building permits for the site. 5. The north 30 feet shall be dedicated to the City on the final plat for right of way for Arlo Lane. 6. Park dedication must be paid in accordance with the city's fee schedule. 7. A permit from the Rice Creek Watershed District must be issued prior to final plat approval by the City. 8. Infiltration areas proposed on site should have the City native seed specification used. 9. A boulevard tree shall be provided for each lot frontage unless the city forester approves the substitution of a preservation - worthy tree that exists on the site. 10. A tree inventory and preservation plan must be submitted to the city prior to any construction on the site. This review is based on the following plans and information: City Engineer Comments dated September 18, 2006 Environmental Board Comments dated August 3, 2006 Boundary /Topographic Survey, June 30, 2006 Preliminary Plat submitted June 30, 2006 Preliminary Utility Plan submitted September 7, 2006 Preliminary Grading and Erosion Plan submitted September 7, 2006 _82_ • LOTS /UNITS as of July 24, 2006 Development Name approved prelim. plats Prelim Plat Phasing plans by year (lots /units to be final platted) year end 2002 2003 2004 2005 2006 2007 2008 2009 Stoneybrook 103 51 2nd Addn 0 52 Century Farms North 249 56 65 52 43 33 Keefe: prel plat, not final plat 1 1 Morton (minor subdiv) 0 1 0 Ravens Hollow 56 0 56 Haley Manor (10 new lots) 10 10 0 Crystal Cove 3 3 0 Millers Crossroads 152 22 47 51 32 Lakeview Estates (2 new) 2 2 Snell (minor subdivision) 0 1 Pheasant Hills Pres. 13th 1 1 Justin's Preserve 1 1 Marshan Estates 4 4 Rice Creek Church duplex 2 2 Rice Church: Oakwood View 10 10 Junes Addn 2 2 Highland Meadows East 2nd 18 18 Marshan Townhomes 2nd 23 Pheasant Hills 12th island 8 8 West Shadow Ponds 2nd Add 1 1 Vaughan Addition 5 5 Angie's Acres (1 new) 1 1 Marshan Lakeview (2 new) 2 2 Marshan Meadows 20 20 Pine Glen 72 40 32 Cavegn (1 new lot) 1 1 Golden Acre (3 new lots) 3 3 total 51 148 176 171 141 65 remaining of annual 147 remaining of 1029 for pre -2010 -1 -29 -24 6 82 147 147 • • Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 11 -06 APPROVING REZONING OF PROPERTY AT 547 LILAC STREET FROM R (RURAL) TO R -1 (SINGLE FAMILY RESIDENTIAL) (GOLDEN ACRE) The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1: Findings The City Council makes the following findings regarding rezoning the property described below, based on the factors listed in Section 2 of the Lino Lakes zoning ordinance: 1. The R -1 (Single Family Residential) zoning designation will allow single family development in accordance with the Comprehensive Plan designation for the site of Low Density Sewered Residential. 2. The surrounding area is similarly designated for Low Density Sewered Residential. 3. The proposed single family development has been reviewed and found to be conforming to all applicable city standards. 4. The proposed development will be accommodated with existing public services and will not overburden the City's service capacity. Municipal water and sanitary sewer are available to the site and sufficient capacity exists. 5. Traffic generation by proposed uses will be required to be within capabilities of streets serving the property. Section 2 The Zoning Ordinance of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on March 10, 2003 is hereby amended by rezoning from R (Rural) to R- 1 (Single Family Residential) the following property: Lot 4, Block 1, Mar Don Acres according to the plat of record thereof, Anoka County, Minnesota Section 3 As above amended, said Zoning Ordinance shall stand as initially passed and previously amended. -84- • • • Section 4 This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Council this 27th day of November 2006. John J. Bergeson, Mayor ATTEST: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 27th day of November, 2006. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. • Council Member adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 06-181 RESOLUTION APPROVING THE PRELIMINARY PLAT; ALLOCATION OF 1 ACRE OF M.U.S.A.; AND VARIANCES FOR LOT DEPTH, LOT WIDTH, LOT AREA, AND SIDE SETBACKS FOR GOLDEN ACRE WHEREAS, the City has received applications for developing an area known as Golden Acre; and WHEREAS, the development requires approval of a preliminary plat and allocation of MUSA; and WHEREAS, a public hearing was held before the Planning & Zoning Board on October 11, 2006; and WHEREAS, the proposed preliminary plat meets the requirements of the City's Growth Management, Zoning and Subdivision Ordinances; and WHEREAS, as required by Section 2, Subd. 4 of the zoning ordinance, the City Council makes the following findings of fact regarding Lot 2, Block 3: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. d. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. f. The reduction of lot depths to 132 feet, the reduction of the lot width for Lot 2 to 77.5 feet, the reduction of the lot area for Lot 2 to 10,230 square feet, and the reduction of the side setback for lot 1 to 6.27 feet are all minor adjustments and are necessitated by the existing structure to remain, and that the existing lot is double fronted and limited in depth. This is a unique situation due to these -86- 41/ factors, and granting these variances for are in keeping with the spirit and intent of the ordinance NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the preliminary plat and MUSA allocation for Golden Acre with conditions. BE IT FURTHER RESOLVED that a variance for the lot depth of all four lots, the lot width and area for Lot 2 Block 1, and the side setback for Lot 1 Block 1 are hereby approved to allow the lots as shown on the preliminary plat. BE IT FURTHER RESOLVED that the following conditions of approval apply: 1. All lots in the plat, including the existing home, must agree to connect to City utilities. The City will not approve the final plat without legally enforceable assurance that all properties will connect and existing onsite septic systems will be appropriately abandoned. 2. Existing wells shall be capped when required by Minnesota Dept. of Health requirements. 3. Issues discussed in the City Engineer review memo must be addressed to his satisfaction. 4. A development agreement between the city and the developer must be executed prior to the issuance of any building permits for the site. 5. The north 30 feet shall be dedicated to the City on the final plat for right of way for Arlo Lane. 6. Park dedication must be paid in accordance with the city's fee schedule. 7. A permit from the Rice Creek Watershed District must be issued prior to final plat approval by the City. 8. Infiltration areas proposed on site should have the City native seed specification used. 9. A boulevard tree shall be provided for each lot frontage unless the city forester approves the substitution of a preservation -worthy tree that exists on the site. 10. A tree inventory and preservation plan must be submitted to the city prior to any construction on the site. 11. This review is based on the following plans and information: • City Engineer Comments dated September 18, 2006 • Environmental Board Comments dated August 3, 2006 • Boundary /Topographic Survey, June 30, 2006 • Preliminary Plat submitted June 30, 2006 • Preliminary Utility Plan submitted September 7, 2006 • Preliminary Grading and Erosion Plan submitted September 7, 2006 -87- Passed by the Lino Lakes City Council this 13th day of November 2006. ATTEST: John J. Bergeson, Mayor Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 13th day of November, 2006. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • or 9 -1 A1NA /E ! 111111 T at �� pY I pi I zi g lI t ti LOT 1. BLOCK b MAR 0014 ACRES LINO LAKES, MINNESOTA _ 8 9 _ PERSON 5 LANE LINO LAKES. MINNESOTA DATE REVISIONS ET 204.00- 1 -- /' SO 1 rZ— 13200 1100731 E I \ I , 1 \ 'V\ ��I 1 4 yj 101.00 �G Nit Ei wow 4 N.\ JD S3)iYl 01411 dO IWO g g 188 Dl r y GOLDEN ACRE UNO LAKES, MINNESOTA T- 90 —ERSON 547 LOIS LANE DA REVI BY 1h y arMy 11. IM -.P� • 1irw.4 P1Eggi logo EVA VRIg e gle Agg e g a p g 0 ENU 19 81 o r 9 lEm EPA$ Ri Fax g c, s -- 8 EEA g IRAN 151 0 R 10 ! ! 1 ° ;Ig9g E Rgir :ed;IN g :sg gib @ gl g ys ; z li : ni 4 1! l! 9 ;i g 51 a &cam S �y � � g I, Hi 9 g$ R ail GOLDEN ACRES UWO LMff3, MN 51 111 i 9a a TV di V !in 13 Aa g gip 1 2 4 o ss 0 Coat ..,F 11 rri O z GRADING, DRAINAGE, AND EROSION CONTROL PLAN TIM ANDERSON 5• -- • ANE LINO i — 9 1 —,INESOTA SATE 0/00/00 REVISIONS AOO EA PIPE 0RA0E5 M9 P0105 =====-." F.M=r bp U,e, i. N U..°U ei DATE ua Po. 2001 WINNSMISINNINVIANNWINWINN 11 1; 21 44bb Rh Igi M. saw mgg R 4y k q 110 1G 4: 9� 4 �P pg g; Sy jII 0 n7 R5g Rd, °:S 29$ 55� gig 28 R8 14 �� m 0 =gym .0 4� Q ill g ! 1� :a 4. L 1 NV'M AIFILLn O A °m GOLDEN ACRES LINO LANES, ME UTILITY PLAN TIM ANDERSON N E LINO L — 9 Z — NESOTA REVISIONS 7rllM1rYnm m! Nod 1 My UM maw o„c ue xo .1101 • AGENDA ITEM 6.G. STAFF ORIGINATOR: Paul Bengtson MEETING DATE: November 13, 2006 TOPIC: Resolution Number 06 -182 Variance Request Lot Area, Lot Width, Lot Depth and Road Frontage requirements St. Paul Regional Water Services BACKGROUND St. Paul Regional Water Services has requested approval of variances for required road frontage, minimum lot area, minimum lot depth, and minimum lot width to allow the division of the subject sites by a future administrative minor subdivision. The attached location map designates the sites as parcels 1 — 4, and 16 on Peltier Lake and parcels 6, 14, and 15 on Centerville Lake, and these designations will be used throughout this report to differentiate the sites. The city granted similar variances for other St. Paul Regional Water Service's parcels in 2004. The intention of the application is to allow the shoreland parcels to be divided in the future (via minor subdivision) and sold to adjacent property owners for combination into existing parcels. Additionally, the City of Centerville is purchasing a portion of the land within parcel 14 for park development. ANALYSIS .Comprehensive Plan, Land Use and Zoning: The table below identifies the existing land use and zoning as well as guided land uses for the area. Location Existing Land Use Guided Land Use Existing Zoning Parcel 16 (Peltier Lake) Vacant Low Density Sewered Residential R (Rural) Parcel 1 (Peltier Lake) Vacant Low Density Unsewered Residential R (Rural) Parcel 2 (Peltier Lake) Vacant Public / Semi Public R (Rural) Parcel 3 (Peltier Lake) Vacant Public / Semi Public R (Rural) Parcel 4 (Peltier Lake) Vacant Public / Semi Public & Low Density Sewered Residential R (Rural) Parcel 6 (Centerville Lake) Vacant Undesignated Undesignated Parcel 14 (Centerville Lake) Vacant Public / Semi Public R -1 (Single Family Residential) Parcel 15 (Centerville Lake) Vacant Public / Semi Public R -1 (Single Family Residential) North Vacant & House of Worship Low Density Sewered Residential & Low Density Unsewered Residential Rural South Vacant & Single Family Low Density Sewered Residential R -1 (Single Family Residential) East _ Single Family & Agricultural Low Density Sewered Residential & Low Density Unsewered Residential R- 1(Single Family Residential) & R (Rural) West Lake N/A N/A The designation of some of these parcels as Public / Semi- Public will delay the completion of the land transfers with the adjacent residents, as the city will need to amend the Comprehensive Plan to change these parcels to a St. Paul Regional Water Services, page 2 appropriate category (typically the same as the adjacent land). This request will likely be heard at the • more November Planning and Zoning Board meeting. Lot Requirements: The minimum requirements within the existing zoning districts are as follows: In addition, the subdivision ordinance requires that `all lots shall have frontage on an improved public street that provides the required lot width at the minimum front yard setback'. FINDINGS In considering all requests for Variance or appeal and in taking subsequent action, the City shall make a finding of fact: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. These parcels are completely surrounded by the lake, right of way, or adjoining private property; and would not be able to be developed as usable parcels due to the sizes or lack of road frontage. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The physical shape, location and isolated nature of the parcels prevent use for most anything except for lake access for the adjoining property owners. c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. Economic considerations is not a major factor in this proposal, the intent is to minimize the applicant's lakeshore holdings for the future. d. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. There are very few other situations that can be compared to this one. Land locked parcels owned and operated almost exclusively for public purposes would receive the same consideration. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. Combining these properties with the adjacent landowner's parcels will in no way violate the spirit and intent of the zoning ordinance. R (Rural) R -1 (Single Family Residential) Minimum Lot Area 10 Acres 10,800 square feet Minimum Lot Width 330 feet 80 feet (100 feet corners) Minimum Lot Depth Not applicable 135 feet In addition, the subdivision ordinance requires that `all lots shall have frontage on an improved public street that provides the required lot width at the minimum front yard setback'. FINDINGS In considering all requests for Variance or appeal and in taking subsequent action, the City shall make a finding of fact: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. These parcels are completely surrounded by the lake, right of way, or adjoining private property; and would not be able to be developed as usable parcels due to the sizes or lack of road frontage. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The physical shape, location and isolated nature of the parcels prevent use for most anything except for lake access for the adjoining property owners. c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. Economic considerations is not a major factor in this proposal, the intent is to minimize the applicant's lakeshore holdings for the future. d. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. There are very few other situations that can be compared to this one. Land locked parcels owned and operated almost exclusively for public purposes would receive the same consideration. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. Combining these properties with the adjacent landowner's parcels will in no way violate the spirit and intent of the zoning ordinance. St. Paul Regional Water Services, page 3 •PLANNING AND ZONING BOARD On October 11, 2006 the Planning and Zoning Board unanimously recommended approval of this request. RECOMMENDATION Staff recommends approval of the request subject to the following conditions: 1. The properties can not be divided through the minor subdivision process until the comprehensive plan has been amended to change the designation of the properties from Public / Semi - Public to an appropriate category. 2. When ownership of these properties changes hands the new owner(s) are required to combine them with adjacent parcels to avoid creating a new parcel. • ATTACHMENTS 1. Area map • 2. Parcel sketch and legal descriptions St. Paul Regional Water Services, page 4 •ouncil Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -182 APPROVING VARIANCES TO THE REQUIREMENTS FOR LOT AREA, LOT WIDTH, LOT DEPTH AND ROAD FRONTAGE FOR THE ST. PAUL REGIONAL WATER SERVICES. WHEREAS, a request has been submitted to the City for the approval of a minor subdivision which requires variances for lot area, lot width, lot depth, and road frontage, and WHEREAS, review and approvals of variances are governed by state statutes and City ordinances, and WHEREAS, the sites described in the legal descriptions in Attachment A, and WHEREAS, the Lino Lakes City Council makes the following findings: f. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. • • g. These parcels are completely surrounded by the lake, right of way, or adjoining private property; and would not be able to be developed as usable parcels due to the sizes or lack of road frontage. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The physical shape, location and isolated nature of the parcels prevent use for most anything except for lake access for the adjoining property owners. h. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. Economic considerations is not a major factor in this proposal, the intent is to minimize the applicant's lakeshore holdings for the future. i. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. There are very few other situations that can be compared to this one. Land locked parcels owned and operated almost exclusively for public purposes would receive the same consideration. • St. Paul Regional Water Services, page 5 j. That the proposed actions will be in keeping with the spirit and intent of the ordinance. Combining these properties with the adjacent landowner's parcels will in no way violate the spirit and intent of the zoning ordinance. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby approves the variances for lot area, lot width, lot depth and road frontage. BE IT FURTHER RESOLVED, that the variances are subject to the following conditions: 3. The properties can not be divided through the minor subdivision process until the comprehensive plan has been amended to change the designation of the properties from Public / Semi - Public to an appropriate category. 4. When ownership of these properties changes hands the new owner(s) are required to combine them with adjacent parcels to avoid creating a new parcel. Passed by the Lino Lakes City Council this 13th day of November 2006. • ATTEST: Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 13th day of November, 2006. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • John J. Bergeson, Mayor St. Paul Regional Water Services, page 6 •ATTACHMENT A: LINO LAKES RESOLUTION NO. 06 -182 Insert legal descriptions • Board of Water Commissioners Centerville/Peltier Lakes w LQ w C 'NJ LCD .4C 5 0 z LEGEND 21 Parcel sold to Anoka County 0 Deed of conveyance to City of Saint Paul N 19 S SPRWS Land Map 4(4 grxr-467 OEM MEM R2Me MIME . a UV 131 NOM FEra 11111..11 'I9V/111141: 211111 ja, tid. ...091111mu.11"2 [4 b i PIIIIIiii T;(...;:.1 4 114 MI OBE pm i Inept nom ill a ,f,,LI': 'Y.,-,:,•,.1,.4 Z ..mlerakjigi RIF i Why Viif a, 1E4041 glresifig al .. town : b. / ri :I ik., Mianietuv. maim:mg= 11161111M1111111111111111 1/13/21106 DRAWN 19, O. MINIUM° CHECKED BVI B. 'SCHWA -99- SAO P 614 "4 Omtg N N -100- -Try No-swki 01161. . CAN 32 R a ivz $x_ � $ W $a seg ^;wa 3gFFgga� $sa El g'e it eI vtlip ditil �z.iii3l .�s�yaaa g. �i xllisz l 31i _3 �; a '�sa4:3,2 % SFna,IE— cisiu4 < i `eg g4 z2a irli 'Alm E PIP: $ !lip 9 iiix 1 xgx 0 q! 9x yBg 33Cse 's 5 • €� 3P„S � s8,l _ � � � � x x��3 a�ey`d'�ll � N eFUb�eGa�A��e s z.01a e5 w . I. gg llt.a @ a aCA;&:1'a�i� 21� 1Toda 31.. N q- -101- • • • cv) i;#Iilil z Q O w w W cc N • 00 -103- • • • AGENDA ITEM 6H STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: November 13, 2006 TOPIC: Resolution No. 06 -185, Approving Payment Request No. 2 (Final) and Compensating Change Order No. 1, 2006 Street Sealcoating Project. VOTE REQUIRED: 3/5 Vote Required BACKGROUND: The contractor for the 2006 Street Sealcoating Project, Allied Blacktop Company is requesting City approval of Payment Request No. 2 (Final) in the amount of $5,706.98. A copy of the Final Payment is attached. The contractor has satisfactorily completed all work and has provided all necessary documentation. Also included with the request for Final Payment is Compensating Change Order No. 1 in the deduct amount of $15,539.35. A copy of the Compensating Change Order is attached. With this Change Order, the final contract amount is $114,139.65, which is below the Engineers Estimate of $118,546.70. Approval of the Final Payment will begin the one -year warranty period. RECOMMENDATION: Staff recommends approval of Resolution 06 -185, Payment Request No. 2 (Final) and Compensating Change Order No. 1, 2006 Street Sealcoating Project. • • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -185 RESOLUTION APPROVING PAYMENT REQUEST NO. 2 (FINAL) AND COMPENSATING CHANGE ORDER NO. 1 — 2006 STREET SEALCOATING PROJECT WHEREAS, the 2006 Street Sealcoating Project has been completed by Allied Blacktop Company, and WHEREAS, the one -year warranty period for this project will begin with the Final Payment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: Compensating Change Order No. 1 and Payment Request No. 2 (Final) is approved for a final contract amount of $114,139.65. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 13th day of November, 2006. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. TKDA • ENGINEERS • ARCHITECTS • PLANNERS • O t-1%'\ C.fr 1500 Piper Jaffrey Plaza 444 Cedar Street Saint Paul, MN 55101 -2140 (651) 292-4400 (651) 292 -0083 fax www.tkda.com Proj. No. 13633.001 Cert. No. 2(F) St. Paul, MN, October 6 , 2006 To City of Lino Lakes, Minnesota This Certifies that Allied Blacktop Company For 2006 Sealcoating Is entitled to being 2nd Owner , Contractor Five Thousand Seven Hundred Six Dollars and 98/100 ($5,706.98) FINAL estimate for papal payment on contract with you dated April 24 , 2006 Received payment in full of above Certificate. Allied Blacktop Company , 20 TIDA RECAPITULATION OF ACCOUNT An Employee Owned Compa - 10 6 Affirmative Action and Equal Opportunity CONTRACT PLUS EXTRAS PAYMENTS CREDITS Contract price plus extras $ 129,679.00 All previous payments $ 108,432.67 All previous credits Extra No. Compensating Change Order No. 1 $ (15,539.35) „ „ Credit No. $ - „ AMOUNT OF THIS CERTIFICATE $ 5,706.98 Totals $ 114,139.65 $ 114,139.65 $ - Credit Balance $ - There will remain unpaid on contract after payment of this Certificate $ - $ 114,139.65 $ 114,139.65 $ - An Employee Owned Compa - 10 6 Affirmative Action and Equal Opportunity • TKDA Engineers- Architects - Planners PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS FINAL Estimate No. 2 Period Ending October 5 , 20 06 Page 1 of 1 Proj. No. 13633.001 Contractor Allied Blacktop Company Original Contract Amount $129,679.00 Project 2006 Sealcoating Location City of Lino Lakes, Minnesota Total Contract Work Completed Total Approved Credits Total Approved Extra Work Completed Approved Extra Orders Amount Completed Total Amount Eamed This Estimate $ 114,139.65 $ 0.00 0.00 $ 0.00 $ 114,139.65 Less Approved Credits $ 0.00 Less 0 % Retained $ 0.00 Less Previous Payments $ 108,432.67 Total Deductions $ 108,432.67 Amount Due This Estimate $ 5,706.98 1n /1 I Contractor dertak:"' Date 12,60c„ • -1 • Y = q • II/ Engineer Date October 6, 2006 Thomas D. Prew, P.E. • • • ESTIMATE NO. 2 PERIOD ENDING: October 6, 2006 2006 SEALCOATING CITY OF LINO LAKES, MINNESOTA PROJECT NO. 13633.001 ITEM CONTRACT QUANTITY UNIT AMOUNT NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE 2006 SEALCOATING 1 FA -2 1/8" TRAP ROCK CHIPS TN 1,450.0 1,283.0 $ 47.55 $ 61,006.65 2 CRS -2 ASPHALT GA 32,710.0 30,200.0 $ 1.65 $ 49,830.00 3 CRACK SEALING LB 6,760.0 3,303.0 $ 1.00 $ 3,303.00 TOTAL ESTIMATE NO. 2 $ 114,139.65 -108- • • CHANGE ORDER TKDA Engineers - Architects - Planners Compensating Saint Paul, MN October 6 20 06 Proj. No. 13633.001 Change Order No. 1 To Allied Blacktop Company for 2006 Sealcoating for City of Lino Lakes, Minnesota You are hereby directed to make the following change to your contract dated April 24 , 20 06 . The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will (increase) (decrease) (age) the contract sum by Fifteen Thousand Five Hundred Thirty -Nine Dollars and 35/100 ($15.53935). COMPENSATING CHANGE ORDER This change order shows the actual quantities installed at the unit price bid amounts (see attached itemization): NET CHANGE = $ (15,539.35) Amount of Original Contract $ 129,679.00 Additions approved to date (Nos. ) $ Deductions approved to date (Nos. ) $ Contract amount to date $ 129,679.00 Amount of this Change Order (Add) (Deduct) (N Cha b) $ (15,539.35) Revised Contract Amount $ 1 14,139.65 Approved City of Lino Lakes, Minnesota Owner By TKDA Thomas D. Pre ;.P.E. Approved Allied Blacktop Company White - Owner III )21 Contractor Pink - Contractor 441::::“. Blue - TKDA By -109- COMPENSATING-CHANGE ORDER NO. 1 PERIOD ENDING: June 21, 2006 2006 SEALCOATING iii,t OF LINO LAKES, MINNESOTA OJECT NO. 13633.001 ITEM CONTRACT QUANTITY UNIT AMOUNT NET CONTRACT NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE CHANGE AMOUNT 2006 SEALCOATING 1 FA -2 1/8" TRAP ROCK CHIPS TN 1,450.0 1,283.0 $ 47.55 $ 61,006.65 $ (7,940.85) $ 68,947.50 2 CRS -2 ASPHALT GA 32,710.0 30,200.0 $ 1.65 $ 49,830.00 $ (4,141.50) $ 53,971.50 3 CRACK SEALING LB 6,760.0 3,303.0 $ 1.00 $ 3,303.00 $ (3,457.00) $ 6,760.00 • COMPENSATING CHANGE ORDER NO. 1 $ 114,139.65 $ (15,539.35) $ 129,679.00 - 1 1 0 - • • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND AGENDA ITEM 61 Michael Grochala November 13, 2006 Resolution No. 06 -189, Authorizing City Attorney to Commence Eminent Domain Proceedings, 35W /Lake Dr. Interchange Reconstruction Project Simple Majority Wilson Development Services, has begun the right -of -way acquisition process on behalf of the City. A total of sixteen (16) parcels are affected by the project. The total appraised value of the right -of -way to be acquired is approximately $1,300,000. Offer letters, accompanied with a copy of the property appraisal, were distributed to property owners as of September 27, 2006. We are nearing agreement on several parcels and Wilson Development Services and staff will continue to work with property owners to reach an agreement for direct purchase. However, to insure that ongoing property negotiations do not jeopardize the project construction or state and county funding staff is requesting council authorization for the City Attorney to commence with eminent domain proceedings. Through this process the City Attorney will be seeking District Court approval to acquire parcels by eminent domain and authorizing quick take provisions that establish a possession date. Under the current time line we would anticipate possession in March. There are several steps to this process that will be more fully explained by the City Attorney. Again, we are hopeful that all acquisition can be obtained by direct purchase and we will continue to negotiate with property owners throughout the process. RECOMMENDATION Staff is recommending the adoption of Resolution No. 06 -189, Authorizing City Attorney to Commence Eminent Domain Proceedings. ATTACHMENTS 1. Resolution No. 06 -189 • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -189 RESOLUTION AUTHORIZING EMINENT DOMAIN INTERCHANGE OF I -35W AND COUNTY STATE AID HIGHWAY 23 WHEREAS, County State Aid Highway 23 (Lake Drive), within Lino Lakes, Minnesota, County of Anoka, is classified as an A Minor Arterial — Reliever; and WHEREAS, the interchange at I -35W and County State Aid Highway 23 (Lake Drive) is currently experiencing growing congestion and safety problems; and WHEREAS, the City has determined that the interchange at I -35W and County State Aid Highway 23 (Lake Drive) is in need of reconstruction: and WHEREAS, the improvements consisting of constructing bridge, roadway, pedestrian facilities and utilities are herein determined necessary to provide for the improved safety and mobility of the traveling public; and WHEREAS, the improvement of the interchange will remove the existing two - lane bottleneck at the bridge over I -35W; correct a dangerous situation with offset on- off ramps at the south end of the bride; allow for continuous and safe bike and pedestrian trails across the bridge; and eliminate unsafe access points along CSAH 23; and WHEREAS, the City has determined that it is in the best interests of the traveling public to reconstruct the interchange at I -35W and County State Aid Highway 23 (Lake Drive) as soon as possible; and WHEREAS, the City has received funding from the State of Minnesota Department of Transportation and the County of Anoka for the making of such improvements in 2007; and WHEREAS, fee simple interests, permanent easements and temporary construction easements over certain lands are required to provide for said construction; and WHEREAS, Lino Lakes has the authority to acquire right -of -way for said construction by eminent domain pursuant to the Lino Lakes City Charter and Minnesota Statute Chapter 117; and • WHEREAS, it is imperative that the City begin the interchange improvements construction this next spring in order to use available State and County funding; and to improve safety and mobility of the traveling public; and WHEREAS, the City of Lino Lakes has the right to acquire right -of -way prior to filing of the award by the court- appointed commissioners, pursuant to Minn. Stat. §§ 117.011 and 117.042. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Council hereby authorizes the acquisition of said land by eminent domain and to take title and possession of that and prior to the filing of an award by the court- appointed commissioners, pursuant to Minn. Stat. § 117; and BE IT FURTHER RESOLVED, that the City Attorney, William G. Hawkins and Associates is authorized to file the necessary Petition, to hire such persons as may be necessary to prosecute such action including appraisers and surveyors and to pursue the successful conclusion of such action or until it is abandoned, dismissed, or terminated by the City or the Court. John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 13th day of November, 2006. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • AGENDA ITEM 6J STAFF ORIGINATOR: Michael Grochala CITY COUNCIL MEETING DATE: November 13, 2006 TOPIC: Resolution No. 06 -190, Approving Change Order No. 2, Legacy at Woods Edge Phase 1 — Street and Utility Improvements ACTION REQUIRED: Simple Majority BACKGROUND On August 22, 2005 the City Council awarded the Legacy at Woods Edge Phase 1 — Street and Utility Improvements to contract to Glenn Rehbein Companies. The current approved contract amount is $2,616,913.85. Change Order No. 2 is for revisions in the length of the Ornamental Railing to extend the full length of the retaining wall and sidewalk. The Change Order also reflects an increase in the unit price per panel due to an increase in the railing panel height to meet the bikeway standard height. The estimated total for the change order is $8,470.00. The total revised contract amount, with the change order, is $2,625,383.85. The cost of the improvements were previously included in the City's financing package and special assessments levied against the properties. RECOMMENDATION Staff is recommending the adoption of Resolution No. 06 -190, Approving Change Order No.2 in the amount of $8,470.00. ATTACHMENTS 1. Resolution No. 06 -190 2. Change Order No. 2 • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -190 RESOLUTION APPROVING CHANGE ORDER NO. 2 LEGACY AT WOODS EDGE PHASE I — STREET AND UTILITY IMPROVEMENTS WHEREAS, pursuant to the resolution of the Council adopted August 22, 2005, awarding the construction contract for the Legacy at Woods Edge Phase 1 - Street and Utility Improvements to Glenn Rehbein Companies, and WHEREAS, modifications to the design of the ornamental fencing required the adjustment of both quantity and unit pricing of said fence NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA that: 1. Change Order No.2 related to ornamental fencing in the amount of $8,470.00 is hereby approved. • John J. Bergeson, Mayor • Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 13th day of November, 2006. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • SEH October 25, 2006 Honorable Mayor and City Council City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 -1182 Attn: Michael Grochala Community Development Director Dear Mr. Grochala: RE: Lino Lakes, Minnesota Legacy at Woods Edge — Phase 1 Lino Lakes, Minnesota SEH No. A- LINOL0305.03 Please find enclosed Change Order No. 2 for the referenced project. The change order is for revisions in the length of the Ornamental Railing to extend the full length of the retaining wall and sidewalk. Also an increase in unit price per panel due to an increase in the railing panel height to meet the bikeway standard height. The total for the change order is $8,470.00. Please don't hesitate to contact me at 651 -490 -2033 with any questions or comments. Sincerely, Q Anthony J. Kutzke, EIT Project Engineer ajk Enclosure s koTnol1030503 \consruciionphl\co2cry.doc Short Elliott Hendrickson inc., _ 1 1 6 _iis Center Drive, St. Paul, MN 55110 -5196 SEH is an equal opportunity employer 1 www.se....._._ ... 1 651.490.2000 1 800.325.2055 1 651.490.2150 fax • SEH CHANGE ORDER • City of Lino Lakes, Minnesota October 12, 2006 OWNER DATE OWNER'S PROJECT NO. Legacy at Woods Edge - Phase 1 PROJECT DESCRIPTION 2 CHANGE ORDER NO. A- LINOL0305.03 SEH FILE NO. The following changes shall be made to the contract documents: Description: 1. Change Ornamental Railing - Decorative 8' Panel unit price from $1,200 to $1,370 per Each. (8 panels x $170 = $1,360) 2. Change Ornamental Railing - Standard 8' Panel unit price from $800 to $870 Each. (27 panels x $70 = $1,890) 3. Contractor to install 6 additional Ornamental Railing - Standard 8' Panels at a unit price of $870 Each. (6 panels x $870 = $5220) Purpose of Change Order: Revision of the railing to extend the full length of the retaining wall, and a revision in the height of the railing panels. Basis of Cost: ® Actual Attachments (list supporting documents) Request for price increase by Glenn Rehbein Companies ❑ Estimated Contract Status Original Contract Net Change Prior C. 0.'s 1 to _ Change this C.O. Revised Contract Time N/A N/A Recommended for Approval: Short Elliott Hendrickson Inc. by Agredrto by Contract gr. / BY Glenn Rehbein Companies Cost $2,231,503.85 $385,410.00 $8,470.00 $2,625,383.85 ason /Project Manager Approve = or Owner: BY City of Lino Lakes, Minnesota 1: �%.}c\ TITLE TITLE Distribution Contractor 2 Owner 1 Project Representative 1 SEH Office 1 s: &o 1\ lino) \030503\constructionphl \co #2.dnc Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is an equal opportunity employer 1 www. - 117 - 1 651.490.2000 1 800.325.2055 1 651.490.2150 fax 1/04 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 CITY COUNCIL WORK SESSION DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT DRAFT CITY OF LINO LAKES MINUTES OCTOBER 2, 2006 : October 2, 2006 . 5:42 p.m. . 10:10 p.m. : Councilmember Carlson, O'Donnell, Reinert, Stoltz and Mayor Bergeson : None Staff members present: City Administrator, Gordon Heitke; Community Development Director, Mike Grochala (part); City Engineer, Jim Studenski (part); Chief of Police, Dave Pecchia (part); City Planner, Jeff Smyser (part); Environmental Specialist, Marty Asleson (part); and City Clerk, Julie Bartell (part) SILVERA MEMORIAL City Administrator Heitke stated last April, during discussion of the legislation designating the Shawn Silvera Memorial Highway, the Council briefly discussed other possible forms of recognition. Naming a park was suggested as well the idea put forth by Officer Silver's friends and co- workers of the Lino Lakes Police Department that a memorial be constructed at the Police Station. Some thought and research had been put into a possible design and cost for that memorial. The minutes from that meeting note "that eventually a City policy should be drafted regarding memorials within the City". It was concluded that at some time in the future this policy would be developed and discussed by the Council. City Administrator Heitke advised because the decision was made to wait 4 -5 years until some point in the future, staff has not developed a policy for Council consideration. City Administrator Heitke referred to Resolution No. 98 -47, which regulates the naming of parks within the City. He noted that the resolution was passed in response to a request to name a park after a family member. Jennifer Silvera came forward and a read a letter outlining her support for naming a park in honor of Shawn Silvera. Ms. Kay Stansbury came forward and stated she believes the City would be proud to name a park after Shawn Silvera. She stated we honor politicians, sports figures, etc. and we should also honor our police officers. 1 - 1 1 8 - • • • CITY COUNCIL WORK SESSION OCTOBER 2, 2006 DRAFT 1 Council directed staff to initiate a committee to establish a policy relating to memorials 2 within the City and to review Resolution No. 98 -47 regulating the naming of parks within 3 the City. 4 5 Jennifer Silvera recommended Kay Stansbury to serve on that committee. 6 7 This item will be discussed again at a future Council work session. 8 9 CONCEPT PLAN /COMPREHENSIVE PLAN UPDATE /AMENDMENT — 10 ROBINSON FAMILY 11 12 Community Development Director Grochala stated the Robinson family has approached 13 the City and Lino Lakes Development, LLC to consider a master planned mixed use 14 residential community. The approximately 655 -acre development area is located in the 15 northwest quadrant of the City on what is predominately the Robinson Sod Farms. Lino 16 Lakes Development, LLC is comprised of Bancor Group, Plum Investment Company, 17 and Tradition Development as well as two other equity partners. The development team 18 has been involved in some of the premier residential developments in the Twin Cities 19 including Wild Meadows in Medina, Cobblestone Lake in Apple Valley and the Spirit of 20 Brandtjen Farm in Lakeville. 21 22 Community Development Director Grochala stated the Robinson Family and Lino Lakes 23 Development, LLC are aware that the City is beginning its 2008 Comprehensive Plan 24 update. They are requesting consideration of their concept and the opportunity for the 25 project to be evaluated as part of the City's comprehensive planning process. 26 27 Mr. Scott Robinson came forward and provided the history of the property and introduced 28 the development team lead. 29 30 Mr. David Newman, Bancor Group, introduced the partners within the development team 31 noting a key element throughout the process is trust between the City and development 32 team. 33 34 Mr. Peter Pflaum, Plum Investment, provided his background and reviewed previous 35 projects that he was involved with. 36 37 Mr. Tip Enebak, Tradition Development, also provided his background information 38 I noting the projects he has worked on. 39 40 Mr. Newman reviewed the concept plan for the site in detail noting their mission 41 statement and the benefits of a master planned community. He requested guidance from 42 the Council in terms of moving forward with the project. 43 44 Community Development Director Grochala provided the staff analysis of the land use 45 indicating the Council has previously discussed there are significant advantages to master 2 -119- • • • CITY COUNCIL WORK SESSION OCTOBER 2, 2006 DRAFT 1 planning. However, these advantages must be balanced with the community attitudes 2 toward growth within the City. From this perspective there does not appear to be a better 3 opportunity to address this balancing act than by reviewing the project development as 4 part of the Comprehensive Plan update. 5 6 Community Development Director Grochala outlined the staff comments in response to 7 the developer's request and asked for Council direction on whether or not to proceed. 8 9 The Council indicated agreement that staff and the developer should proceed with the 10 next step within the process. 11 12 Mayor Bergeson called for a short break at 8:10 p.m. 13 14 Mayor Bergeson reconvened the meeting at 8:23 p.m. 15 16 REQUEST FOR CITY CODE AMENDMENT/EXCEPTION 17 18 Council Member Carlson indicated she would like an opinion from the City Attorney 19 regarding participating in this discussion. She advised she would move to the back of the 20 room and not participate until the City's Attorney's opinion is obtained. 21 22 City Administrator Heitke advised staff has received a request to grant an exception from 23 Section 402.02 of the City Code to not require the connection of Old St. Joes Church to 24 the City sewer system. It has been explained to staff that the restored building will be 25 used for special events such as weddings. 26 27 City Administrator Heitke stated staff finds that the proposed use of the facility, which 28 includes human occupancy and human use of the building, does not meet the grounds for 29 exemption by the Council as allowed for in Section 402.02, first paragraph. 30 31 City Administrator Heitke advised Mr. Brausen has also inquired as to whether the code 32 could be amended to accomplish his request. At this time staff has no recommendation 33 for amendment of this section of the code. 34 35 Mr. Theodore Brausen came forward and outlined his request for exception to the City 36 ordinance with special circumstances allowing them to install a storage tank for the sewer 37 system. 38 39 The Council directed staff to get an opinion from the City Attorney regarding the 40 requested exception from the City ordinance to install a storage tank. 41 42 NATURE'S REFUGE EAW 43 44 City Planner Smyser advised Nature's Refuge is a conservation development project that 45 was the topic of a May 31 presentation to a joint meeting of the City Council and all the 46 advisory boards. The site lies north of Main Street, generally between Lake Drive and 3 - 120 - CITY COUNCIL WORK SESSION OCTOBER 2, 2006 DRAFT 1 Wood Duck Trail. The project would have restoration and management plan for the 2 conservation area. 4110 3 4 City Planner Smyser stated the City does not yet have a project application. The City does 5 have an Environmental Assessment Worksheet (EAW). Information gathered through the 6 EAW process will inform the design of the project before the submittal of a formal 7 development application. 8 9 City Planner Smyser noted the process for distribution and comment on the EAW. The 10 City Council will then determine if potential impacts of the project are significant enough 11 to require the preparation of an Environmental Impact Statement. If not, the Council will 12 adopt a finding of no significant impact and the environmental review process ends. The 13 developer then will begin to prepare the final design of the project and application 14 information. 15 16 City Planner Smyser advised the decision to distribute the EAW for public comment is 17 not an approval of the development project. The City is following the environmental 18 review process as required by state statute and the rules of the EQB. 19 20 Council requested a list of agencies that the EAW will be distributed to. 21 22 This item will appear on the regular Council agenda Monday, October 9, 2006, 6:30 p.m. 23 24 REGULAR AGENDA ITEMS 25 26 Item 6B, Consider 1st Reading of Ordinance No. 10 -06, Rezone Certain Real Property 27 from LB, Limited Business, to NB, Neighborhood Business, Lot 1, Block 16, Millers S 28 Crossroads, located at the southeast corner of Birch Street and Hodgson Road — It was 29 noted that this item should read "Second Reading ". 30 31 Item 1F, Consideration of Resolution No. 06 -160, approving a Special Event and Cabaret 32 Permit for Mansetti's Pizza for a Halloween Party with tent, music and beer garden on 33 Saturday and Sunday October 28 and 29 — The Council directed staff to inform Mansetti's 34 that the Council is concerned about excessive noise. 35 36 MNDOT DISBURSEMENT OF TURNBACK FUNDS 37 38 Community Development Director Grochala advised in 1996 the City Council entered 39 into an agreement with the State of Minnesota providing for a portion of Trunk Highway 40 49 to be turned back to the City. Approximately .28 miles of the roadway was transferred 41 to City jurisdiction. The roadway is not part of the City's Municipal State Aid Systems 42 MSAS). 43 44 Community Development Director Grochala stated under State requirements the City is 45 eligible to receive state aid reimbursement for reconstruction of the roadway or accept a 4 • CITY COUNCIL WORK SESSION OCTOBER 2, 2006 DRAFT 1 lump sum payment. The City is currently eligible to receive a lump sum payment in the 2 amount of $955,404.00. These funds are for use by the City on the state aid system. 3 4 This item will appear on the regular Council agenda Monday, October 9, 2006, 6:30 p.m. 5 6 NIMS TRAINING 7 8 Chief Pecchia distributed a copy of an email regarding training required by FEMA. He 9 stated the City needs to schedule a two -hour meeting to go over the procedures. He also 10 requested a half hour time slot at every Council work session to go over the plan. 11 12 The Council scheduled the NIMS training on December 12, 2006, 6:00 p.m. 13 14 ADDING AGENDA ITEMS 15 16 The Council directed staff to look into the City Code and state regulations regarding any 17 stipulations relating to Council Members adding agenda items for Council meetings and 18 work sessions. 19 20 This item will be discussed at the next Council work session. 21 22 VLAWMO UPDATE 23 24 City Administrator Heitke referred to a copy of the letter that was sent to VLAWMO 25 regarding the City's position on this matter. 26 27 CLOSED MEETING 28 29 City Administrator Heitke advised there would be a closed meeting Monday, October 9, 30 6:00 p.m. to discuss a personnel issue. 31 32 The meeting was adjourned at 10:10 p.m. 33 34 These minutes were considered, corrected and approved at the regular Council meeting held on 35 October 23, 2006. 36 37 38 39 40 Julianne Bartell, City Clerk John Bergeson, Mayor 41 42 43 Transcribed by: 44 Kim Points 45 TimeSaver Off Site Secretarial, Inc. 46 5 -122-